Milpitas City Council
April 15, 2025

City of Milpitas
Housing Opportunity District Project
30 Addendum Analysis
The HOD, in and of itself, does not propose specific development projects. As discussed in Section

1.6, Project Description, the likely buildout scenario under the HOD would result in a net increase of 266 residential units and a net reduction of approximately 2,840,000 square feet of non-residential space compared to overall city buildout analyzed in the General Plan EIR. The California Department of Finance estimates that Milpitas has an average household size of 3.13 residents per unit (DOF 2023). Therefore, the likely buildout scenario under the HOD would increase the number of residents by approximately 833 compared to the General Plan EIR. This translates to a population increase of approximately 2.2 percent under the HOD compared to the General Plan EIR. Although the proposed HOD would increase residential units compared to the General Plan EIR, the State requires that all local governments adequately plan to meet the housing needs of their communities. The increase in population would allow Milpitas to provide its fair share of the regional housing, which requires the City to plan capacity for 6,713 new units. Furthermore, according to ABAG growth patterns, North and East Santa Clara County (of which Milpitas is located between) are anticipated to see growth of 199 percent and 67 percent, respectively (ABAG 2020).

This accounts for roughly 21 percent of the share of regional growth for the Bay Area. Development allowed under the HOD would increase the residential buildout capacity and associated population growth compared with development analyzed under the General Plan EIR. However, non-residential development would be reduced under the HOD. As such, growth that would occur under the HOD would not be substantial or unplanned growth.

The HOD directs growth to areas located near existing commercial uses and services and on underutilized sites. Parcels in the NCMU and TCW designations that would likely be redeveloped under the HOD already contain some type of development or have been designated for future development in the General Plan. As such, potential housing under the HOD would not result in loss of existing housing in the NCMU and TC zones; rather, it would serve to develop new housing opportunities within the city. The proposed HOD would facilitate infill growth, promote housing in proximity to employment opportunities, and support regional planning efforts. In addition, the project would not involve the extension of roads or other infrastructure that could indirectly lead to population growth. The city is mostly developed and is supported by existing public services and infrastructure which are sufficient to serve the additional housing units. As such, growth that would occur under the HOD would not result in displacement of existing people or housing. Therefore, the proposed project would not introduce new impacts or substantially increased impacts related to population and housing compared to those identified in the General Plan EIR.

Conclusion
The HOD would not result in new impacts not addressed or analyzed in the General Plan EIR nor present new information that indicates that impacts would be more significant than those described in the General Plan EIR. Therefore, the impacts of the HOD would be within the scope of the General Plan EIR and HOD and no additional environmental assessment of population and housing is required.

4.15 Public Services
General Plan EIR Findings
Public services are discussed in Section 3.13, Public Services and Recreation, of the General Plan EIR.

The General Plan EIR determined that implementation of the General Plan would not result in

Addendum Evaluation
Addendum to the Milpitas General Plan 2040 EIR 31
substantial adverse physical impacts associated with new or physically altered public services facilities, including those related to fire, police, schools, parks, and libraries, and impacts would be less than significant.

Addendum Analysis
The proposed project may result in additional housing units on certain parcels, where requested by applicants and approved by the City. However, development would be allowed in the same areas as analyzed in the General Plan EIR. The proposed project would result in additional population growth, which could place additional demand on public services (i.e., fire, police, schools, recreational resources).

The proposed population growth could lead to additional demand for police and fire services.

However, the increase of 833 new residents would represent a small increase over the anticipated General Plan EIR population (2.2 percent). This potential growth would be concentrated within existing urban areas where police and fire services are accessible to residents. Furthermore, the proposed project would result in a net reduction of approximately 2,840,000 square feet of nonresidential space compared to the General Plan EIR which would largely offset the potential increase in demand for police and fire services. Future projects would be required to comply with the City of Milpitas Municipal Code Section V-300-2.30 which covers the cost of the Milpitas Fire Department to review and inspect the intended activities, operations, and functions. As such, it can be anticipated that the proposed project would not result in an increased demand for police and fire services which would require expansion or construction of new facilities.

Regarding schools, future projects would be subject to Senate Bill 50 school impact fees (established by the Leroy F. Greene School Facilities Act of 1998). Section 65996 of the State Government Code states that the payment of the school impact fees established by Senate Bill 50, which may be required by any state or local agency, is deemed to constitute full and complete mitigation for school impacts from development. As such, potential impacts on schools from population growth associated with the proposed project would be addressed through the payment of fees.

Future projects under the proposed project would be required to meet recreation standards through the City of Milpitas Municipal Code Section XI-1-9.06 which states that the amount of land required to be provided as park land pursuant to this section in the rest of the City shall be that figure which is the result of multiplying the project's estimated population (as calculated in Section 9.05) and 217.80 square feet (5 acres per 1,000 people). As such, future development would allow and plan for recreational and open spaces within project plans and prior to project approval.

All future development associated with the HOD would be required to pay Public Facilities Impact Fees. The purpose of Public Facilities Impact Fees is to provide funding for necessary maintenance and improvements created by development projects, including general facilities and equipment, libraries, police, parks and recreation, streets and traffic, fire, and storm drainage. Public facilities impact fees are based on the uses, the number of dwelling units, and the amount of square footage to be located on the property after completion of the development project. As such, through payment of the Public Facilities Impact Fees, the incremental demand on public services from additional growth would be addressed. Furthermore, as described in the General Plan EIR, if expansion of fire, police, school, or recreational facilities is needed to meet demand, those future facilities would undergo a development review process and be subject to environmental review pursuant to CEQA. That environmental review would identify site-specific conditions and physical changes resulting from a facility expansion, construction of a new facility, and/or infrastructure improvements needed.

City of Milpitas
Housing Opportunity District Project
32 For these reasons, the proposed project would not introduce new impacts or substantially increased impacts related to public services compared to those identified in the General Plan EIR.

Conclusion
The HOD would not result in new impacts not addressed or analyzed in the General Plan EIR nor present new information that indicates that impacts would be more significant than those described in the General Plan EIR. Therefore, the impacts of the HOD would be within the scope of the General Plan EIR and no additional environmental assessment of public services is required.

4.16 Recreation
General Plan EIR Findings
Recreation is discussed in Section 3.13, Public Services and Recreation, of the General Plan EIR. The General Plan EIR determined that implementation of the General Plan would not result in substantial adverse physical impacts associated with new or physically altered recreational facilities, and impacts would be less than significant.

Addendum Analysis
As discussed above under Section 4.15, Public Services, future projects under the proposed project would be required to meet recreation standards through the City of Milpitas Municipal Code Section XI-1-9.06 which states that the amount of land required to be provided for new development is 5 acres per 1,000 people. Site-specific physical impacts of future park development and construction cannot be determined until future projects are proposed. The HOD, in and of itself, does not propose specific projects but updates the General Plan and updates the zoning code which regulate various aspects of new development in Milpitas. Future development facilitated by the HOD would undergo developmental review and would be evaluated for consistency with the General Plan policies and actions, State law, the City’s municipal code including the dedication of land or the payment of fees and other applicable regulations. As such, the proposed project would not introduce new impacts or substantially increased impacts related to recreation compared to those identified in the General Plan EIR.

Conclusion
The HOD would not result in new impacts not addressed or analyzed in the General Plan EIR nor present new information that indicates that impacts would be more significant than those described in the General Plan EIR. Therefore, the impacts of the HOD would be within the scope of the General Plan EIR and no additional environmental assessment of recreation is required.

4.17 Transportation/Traffic
General Plan EIR Findings
Transportation impacts are discussed in Section 3.14, Transportation and Circulation, of the General Plan EIR. The General Plan EIR determined that impacts related to conflicts with an applicable plan, ordinance, or policy addressing the circulation system including roadway, bicycle, or pedestrian facilities would be less than significant.

Addendum Evaluation
Addendum to the Milpitas General Plan 2040 EIR 33
The General Plan EIR determined that vehicle miles travelled (VMT) generated by the residential development associated with the proposed General Plan would constitute a less than significant impact. However, the VMT impacts associated with employment-based development and employment-based uses allowed by the proposed General Plan were determined to be considered significant and unavoidable.
2 The General Plan determined that General Plan implementation would not substantially increase hazards due to a geometric design feature or incompatible use or result in inadequate emergency access. Impacts would be less than significant.

Addendum Analysis
The HOD, in and of itself, does not propose specific development projects. As discussed in Section

1.6, Project Description, the likely buildout scenario under the HOD would result in a net increase of 266 residential units and a net reduction of approximately 2,840,000 square feet of non-residential space overall compared to overall city buildout analyzed in the General Plan EIR. This increase of residential units would result in an incremental increase in vehicle miles traveled (VMT) from people traveling to and from their homes and employment centers. However, the proposed project would result in a net reduction of approximately 2,840,000 square feet of non-residential space compared to the General Plan EIR which would largely offset the potential increase in residential VMT.

The HOD directs growth to areas located near existing commercial uses and services and on underutilized sites. Parcels in the NCMU and TC zones that would likely be redeveloped under the HOD already contain some type of development or have been designated for future development in the General Plan. The proposed HOD would facilitate infill growth, promote housing in close proximity to employment opportunities, and support regional planning efforts. The proposed development areas would encourage multi-use residential development. The NCMU zone would encourage active neighborhood-serving uses at the ground level, including grocery stores, specialty retail, restaurants, plazas, or walk-in personal services such as banks and salons. The TC zone would encourage mixed-use residential project that integrates residential and nonresidential uses either vertically or horizontally. At its core, the HOD focuses on encouraging residential development near places of work and commercial services which encourages a reduction in VMT by making active transportation such as walking and cycling more accessible to residents. The General Plan EIR identified a significant impact related to VMT which was mitigated to the extent feasible through General Plan policies and actions but remained significant and unavoidable. Policies and actions in the General Plan that were referenced in the General Plan EIR would help reduce impacts to the extent possible. These policies and actions would be required with implementation of the HOD.

In addition, the project would not involve the extension of roads or other infrastructure that could indirectly lead to population growth. The city is mostly developed and is supported by existing roadways and transportation infrastructure which are sufficient to serve the additional housing units. Since non-vacant sites already contain some type of development, housing that may be built on these sites would not create a substantial change from current conditions. Most of the parcels identified in the HOD are in proximity to a mix of land uses, which would encourage walking and biking to commercial services such as restaurants, shops, and grocery stores. Therefore, rather than conflicting with transportation policies and plans, the HOD would support implementation of these 2Guidance provided by the California Governor’s Office of Planning and Research (OPR) in the publication Transportation Impacts (SB 743) CEQA Guidelines Update and Technical Advisory, 2018, was used to evaluate VMT. After the General Plan EIR was certified, the Milpitas City Council adopted the SB 743 VMT policy on May 18, 2021 and guidelines are established in the City of Milpitas Transportation Analysis Guidelines (City of Milpitas 2022).

City of Milpitas
Housing Opportunity District Project
34 plans by accommodating non-vehicular travel, thereby reducing VMT. Future development facilitated by HOD would be required to comply with applicable regulations and plans related to roadway design standards and emergency access including the City’s municipal code, and General Plan policies and actions.

Therefore, the proposed project would not introduce new impacts or substantially increased impacts related to transportation compared to those identified in the General Plan EIR.

Conclusion
The HOD would not result in new impacts not addressed or analyzed in the General Plan EIR nor present new information that indicates that impacts would be more significant than those described in the General Plan EIR. Therefore, the impacts of the HOD would be within the scope of the General Plan EIR and no additional environmental assessment of transportation is required.

4.18 Tribal Cultural Resources
General Plan EIR Findings
Tribal cultural resources are discussed in Section 3.5, Cultural Resources, of the General Plan EIR.

The General Plan EIR determined that impacts to tribal cultural resources would be less than significant.

During the 2016 General Plan update process, the City sent SB 18 Tribal consultation letters to eight Tribal Organizations including the Native American Heritage Commission, Amah Mutsun Tribal Band, Amah Mutsun Tribal Band of Mission San Juan Bautista, Indian Canyon Mutsun Band of Coastanoan, Muwekma Ohlone Indian Tribe of the SF Bay Area, North Valley Yokuts, Ohlone Indian Tribe, and the Milpitas Historical Society via certified mail. Follow up letters were sent on June 23, 2020, during the NOP comment period to all tribes identified in the EIR. No responses had been received when the EIR was prepared.

Regarding tribal consultation pursuant to AB 52, City staff noted that no tribes have requested the City of Milpitas notify them through a formal notification process of proposed projects requiring the preparation of a negative (mitigated) declaration or EIR; therefore, no AB 52 tribal notification letters were sent out for the General Plan update.

Addendum Analysis
On March 15, 2024, the City sent letters to nine Tribal Organizations pursuant to SB 18: Amah Mutsun Tribal Band, Amah MutsunTribal Band of Mission San Juan Bautista, Indian Canyon Mutsun Band of Costanoan, Muwekma Ohlone Indian Tribe of the SF Bay Area, North Valley Yokuts Tribe, The Ohlone Indian Tribe, Wuksache Indian Tribe/Eshom Valley Band, The Confederated Villages of Lisjan, and Tamien Nation. No consultation has been requested at the time of publication of this document. Tribal responses, if any, would be considered by the City and incorporated as part of the final project approvals. Further, the areas considered as part of the proposed project were analyzed under the General Plan EIR and for which tribal consultation as required by SB 18 for the General Plan EIR was also completed and for which an opportunity to consult and address potential impacts was provided. No previously unidentified tribal cultural resources within the city have been identified during consultation, nevertheless, future development facilitated by the HOD would be required to comply with applicable State regulations including the City’s municipal code, and General Plan policies and actions. Therefore, the proposed project would not introduce new impacts

Addendum Evaluation
Addendum to the Milpitas General Plan 2040 EIR 35
or substantially increased impacts related to tribal cultural resources compared to those identified in the General Plan EIR.

Conclusion
The HOD would not result in new impacts not addressed or analyzed in the General Plan EIR nor present new information that indicates that impacts would be more significant than those described in the General Plan EIR. Therefore, the impacts of the HOD would be within the scope of the General Plan EIR and no additional environmental assessment of utilities is required.

4.19 Utilities and Service Systems
General Plan EIR Findings
Utilities and services systems are discussed in Section 3.15, Utilities and Service Systems, of the General Plan EIR. The General Plan EIR determined that General Plan implementation would result in sufficient water supplies available to serve the City and the impacts related to construction of new water treatment facilities or expansion of existing facilities would be less than significant. The General Plan EIR further determined that impacts related to wastewater treatment capacity, the relocation or construction of new or expanded wastewater facilities, and the relocation or construction of new or expanded storm water drainage facilities would be less than significant.

The General Plan EIR determined that General Plan implementation would comply with federal, state, and local management and reduction statutes and regulations related to solid waste and would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. Impacts were determined to be less than significant.

The General Plan EIR stated that future development would be required to connect to existing water distribution infrastructure, pay the applicable water system connection fees and water usage rates, and demonstrate how storm water runoff will be detained or retained on‐site and/or conveyed to the nearest drainage facility as required by the City’s NPDES Municipal Regional Permit.

Addendum Analysis
The proposed project could result in a net increase of up to 266 new residential units and a net reduction of approximately 2,840,000 square feet of non-residential space overall compared to the General Plan EIR. Population growth resulting from development allowed under the proposed project would increase demand for utilities including water, wastewater, natural gas, electricity, telecommunications, and solid waste.

Population growth resulting from residential development under the proposed project would incrementally increase demand for municipal facilities. However, this increased demand would be incremental, and partially offset by the proposed reduction of approximately 2,840,000 square feet of non-residential space compared to the General Plan EIR. Additionally, increased demand associated with population growth under the proposed project would be further offset by the project’s reduction in non-residential space. The HOD would allow for denser residential development within the NCMU and TC zones, which would promote greater overall efficiency in community and municipal operations. All potential parcels within both zoning districts are located within the city limits and urbanized areas where existing infrastructure is already present.

City of Milpitas
Housing Opportunity District Project
36 Future development facilitated by the HOD would be required to adhere to Federal, State, regional, and City regulations, General Plan actions and policies, and the City’s municipal code including applicable fees and NPDES permits. The project would not therefore require the expansion or relocation of these facilities such that significant environmental effects would occur. Therefore, the proposed project would not introduce new impacts or substantially increased impacts related to utilities and service systems compared to those identified in the General Plan EIR.

Conclusion
The HOD would not result in new impacts not addressed or analyzed in the General Plan EIR nor present new information that indicates that impacts would be more significant than those described in the General Plan EIR. Therefore, the impacts of the HOD would be within the scope of the General Plan EIR and no additional environmental assessment of utilities is required.

4.20 Wildfire
General Plan EIR Findings
Wildfire is discussed in Section 3.16, Wildfires, of the General Plan EIR. The General Plan EIR determined that there are some State Responsibility Areas to the east of the city limits within the SOI. However, there are no State Responsibility Areas within the city limits of Milpitas, and there are no “Very High Fire Hazard” areas within the Milpitas SOI. The General Plan EIR determined that impacts would be less than significant regarding adopted emergency response plan or emergency evacuation plan, hazards due to flooding or landslides, the installation or maintenance of associated infrastructure that may exacerbate fire risk. The General Plan EIR further determined that General Plan implementation would not exacerbate wildfire risks, or thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire and impacts would be less than significant.

Addendum Analysis
None of the potential parcels identified within the TC or NCMU zones are located within a State Responsibility or Very High Fire Hazard Severity Zone (VHFSZ) (California Department of Forestry and Fire Protection 2007). The closest mapped VHFHSZ is located over four miles southeast near Alum Rock Park; thus, sites where housing is encouraged by the HOD are not near a VHFHSZ. In addition, the immediate surrounding area to where districts are located is developed with urban land uses and is generally level. The proposed project may result in additional housing units on certain parcels. However, development would still occur in the same areas as analyzed in the General Plan. Moreover, since the new housing would be located within areas with existing connections to transit and utilities, they would not require the installation of new infrastructure such as roads, which could exacerbate fire risk. Applications for development would be reviewed by the Milpitas Fire Department for compliance with applicable emergency response plans and requirements to reduce fire hazards. Future development facilitated by the HOD would be required to adhere to any Federal, and State and regulations, including the California Building Code, and California Fire Code, Public Resources Code Section 4292, Public Resources Code Section 4293, and Title 14, Section 1104.1(d) of the California Code of Regulations. Future development would also be required to comply with General Plan actions and policies, Zoning Ordinance, and the City’s municipal code, including Title 5 – Public Health, Safety and Welfare (Chapter 300 Fire Code).

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Addendum to the Milpitas General Plan 2040 EIR 37
Therefore, the proposed project would not introduce new impacts or substantially increase impacts related to wildfire compared to those identified in the General Plan EIR.

Conclusion
The HOD would not result in new impacts not addressed or analyzed in the General Plan EIR nor present new information that indicates that impacts would be more significant than those described in the General Plan EIR. Therefore, the impacts of the HOD would be within the scope of the General Plan EIR and no additional environmental assessment of wildfire is required.

City of Milpitas
Housing Opportunity District Project
38 5 Summary of Findings
The City of Milpitas, acting as the lead agency, determined that an addendum is the appropriate environmental document under CEQA because the proposed project would not require revisions to the certified General Plan EIR due to the involvement of new significant environmental effects or substantial increases in the severity of significant effects previously identified in the General Plan EIR.

There are no changed circumstances or new information that meets the standards for requiring further environmental review under CEQA Guidelines Section 15162. Thus, these circumstances and information would not result in new or more severe impacts beyond what were addressed in the General Plan EIR and would not meet any other standards under CEQA Guidelines Section 15162(a)(3). No additional analysis is required based on the discussions throughout this addendum.

The proposed Housing Opportunity District Project would not involve development in areas not assumed for development in the General Plan EIR. The project would not result in significant or substantially more severe impacts that were not discussed in the General Plan EIR. Also, there are no previously identified significant effects which, as a result of substantial new information that was not known at the time of the previous environmental review, would be substantially more severe than discussed in the General Plan EIR. Accordingly, no additional CEQA review is required.

CEQA Guidelines Section 15164 states that “[t]he lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent EIR have occurred.” An addendum is therefore appropriate because, as explained above, none of the conditions calling for preparation of a subsequent EIR have occurred.

References
Addendum to the Milpitas General Plan 2040 EIR 39
6 References

6.1 Bibliography
Association of Bay Area Governments (ABAG). 2020. Plan Bay Area 2050 - The Final Blueprint Growth Pattern.
https://www.planbayarea.org/sites/default/files/FinalBlueprintRelease_December2020_Gr owthPattern_Jan2021Update.pdf. (accessed January 2024).

California Department of Finance (DOF). 2023 E-5 Population and Housing Estimates for Cities, Counties, and the State, 2020-2023. May 2023.
https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housingestimates-for-cities-counties-and-the-state-2020-2023/ (accessed January 2024).

California Department of Transportation (Caltrans). 2018. California State Scenic Highway System Map.
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e 8057116f1aacaa (accessed February 2024).

California Department of Forestry and Fire Protection. 2007. FHSZ Viewer. https://egis.fire.ca.gov/FHSZ/ (accessed January 2024).

Milpitas, City of. 2021. Milpitas General Plan. Adopted March, 2021. https://static1.squarespace.com/static/57277b461d07c02f9c2f5c2c/t/60906e63495393116 04cae70/1620078198914/Milpitas+General+Plan_Final_online+version.pdf (accessed January 2024).
_____. 2022. 2023-2031 Housing Element, HCD Review Draft. October 2022. https://milpitashousingelement.com/wpcontent/uploads/2022/10/Milpitas_HE_HCD_Draft_2022_10.pdf (accessed January 2024).

6.2 List of Preparers
Rincon Consultants, Inc. prepared this Addendum under contract to the City of Milpitas. Persons involved in data gathering analysis, project management, and quality control are listed below.

RINCON CONSULTANTS, INC.

Abe Leider, AICP CEP, Principal-in-Charge
Gianna Meschi, Project Manager
Amber McEldowney, Environmental Planner

Rincon Consultants, Inc.
66 Franklin Street, Suite 300
Oakland, California 94607
510-834-4455
www.rinconcons ultants.com
February 14, 2025
Project No: 21-11808
Chris Sensenig
Raimi & Associates, Inc.
1900 Addison Street, #200
Berkeley, California 94707
Via email: [email protected]
Subject: City of Milpitas Housing Opportunity Zone Project Supplemental Letter to the EIR Addendum – Minor Project Revisions
Dear Mr. Sensenig:

The purpose of this letter is to provide supplemental analysis to the City of Milpitas Housing Opportunity Zone Project Addendum, which was prepared in April 2024 and analyzes the potential impacts of the proposed Housing Opportunity Zone Project in relation to the analysis in the City of Milpitas General Plan Update EIR that was certified in 2021. The supplemental analysis is necessary to determine whether revisions to the proposed project that were made in January 2025 substantially affect the analysis or conclusions of the Addendum.

Summary of Proposed January 2025 Project Revisions
After gathering feedback from the community and holding discussions with landowners, the City reevaluated the likely redevelopment scenario. This re-evaluation led to adjustments in the densities and sites involved in the project. The revised focus of this analysis considers a more conservative approach.

Changes outlined in the January 2025 Staff Recommended Zoning (henceforth referred to as “January 2025 zoning revisions") compared to the proposed project as analyzed in the April 2024 Addendum (“Addendum”) include the following items:
• Reduction of dwelling units per acre (du/ac) in the NCMU district from 65 du/ac to 60 du/ac • Reduction in maximum height in NCMU zones from 75 feet/6 stories to 60 feet/5 stories • Increase of dwelling units per acre (du/ac) in the TC district from 55 du/ac to 65 du/ac Comparison of January 2025 Project Revisions to the Addendum Analysis The issue areas that were analyzed in the Addendum are discussed below with respect to the proposed project changes. No substantial changes have occurred in respect to environmental conditions; however, the projected overall number of net new residential units under the January 2025 zoning revisions has decreased compared to the Addendum analysis. The Addendum assumed a net increase of 266 residential units1, and a net reduction of approximately 2,840,000 square feet of nonresidential space overall compared to the General Plan EIR. The January 2025 zoning revisions assume reduced growth compared to the Addendum and would result in a maximum net decrease of 1 266 units = 317 units – 51 units

Raimi & Associates, Inc.

City of Milpitas Housing Opportunity Zone Project
2 approximately 260 units2, and a net reduction of approximately 2,840,000 square feet of nonresidential space overall compared to the General Plan EIR.

The January 2025 zoning revisions compared to the Addendum and General Plan EIR buildout are shown below in Table 1. As shown therein, the Addendum anticipated approximately 2,908 new units compared to existing conditions across both districts. The January 2025 zoning revisions would result in approximately 2,156 new units compared to existing conditions across both districts. Accordingly, the proposed revisions would result in a decrease compared to the Addendum assumptions and would be within the General Plan EIR projections. Similarly, the net reduction of approximately 2,840,000 square feet of non-residential space remains unchanged from the project as analyzed in the Addendum and is consistent with the General Plan EIR projections.

Table 1 Buildout Compared to April 2024 Addendum and General Plan EIR Non-residential space
(square feet)
Residential units (du)
TC
Existing 1,426,803 0
General Plan EIR Buildout Assumption 1,600,000 1,064
April 2024 Addendum Buildout Assumption
Proposed TC from existing
(change from GP EIR)
-262,085 (Δ -0.44
million)
+1013 (Δ -51)
Staff Zoning Recommendation
Proposed TC from existing
(change from GP EIR)
-262,085 (Δ -0.44
million)
+786 (Δ -278)
NCMU
Existing 987,077 0
General Plan EIR Buildout Assumption 3,200,000 1,578
April 2024 Addendum Buildout Assumption
Proposed NCMU from existing
(change from GP EIR)
-206,091 (Δ -2.4
million)
+1,895 (Δ +317)
Staff Zoning Recommendation
Proposed TC from existing
(change from GP EIR)
-206,091 (Δ -2.4
million)
+1,040-1,300 (Δ -
538-278)
Δ = change
Source: Raimi & Associates 2025
2 260 units = -538 units + 278 units

Raimi & Associates, Inc.

City of Milpitas Housing Opportunity Zone Project
3 The issue areas analyzed in the Addendum, such as traffic, air quality, noise, and public services, were based on the assumption of a net increase of 266 residential units and a net reduction of approximately 2,840,000 square feet of non-residential space compared to the General Plan EIR. The January 2025 zoning revisions, however, project a reduced growth scenario with a maximum net decrease of approximately 260 residential units and the same net reduction of non-residential space.

This reduction in residential units means fewer new residents, which translates to less demand on infrastructure, public services such as police, fire and library services, and utilities such as water supply and water and wastewater conveyance and treatment. Fewer residents would also result in reduced local vehicle and other trips. Consequently, the impacts on traffic congestion, vehicle miles travelled, air quality, greenhouse gas emissions, energy demand, noise levels, and public service demand would be similar to or reduced compared to those as previously analyzed. Additionally, since the ground disturbance and location of development would remain the same, the impacts to biological resources, cultural resources, hazards and hazardous materials, geology and soils, hydrology and water quality, and tribal cultural resources would also remain consistent with the analysis in the Addendum. The unchanged environmental conditions and the reduced buildout further support the conclusion that the impacts would not be more significant than those previously analyzed, and the conclusions of the Addendum remain valid.

Conclusion
In conclusion, the proposed zoning changes and the January 2025 zoning revisions would result in a reduced buildout compared to the Addendum analysis. This reduction in residential units and the consistency in non-residential space reduction ensure that the impacts would be less significant, as previously analyzed, and similar to or reduced compared to the Addendum conclusions. Additionally, the proposed changes are consistent with the overall land use and growth projections assumed within the General Plan EIR, which has already accounted for and mitigated potential environmental impacts.

Since the environmental conditions have not changed since the April 2024 Addendum, the baseline conditions for analyzing impacts remain the same. Consequently, the reduced buildout further supports the conclusion that the impacts would be less significant, and the conclusions of the Addendum remain valid.

Sincerely,
Rincon Consultants, Inc.

Gianna Meschi
Project Manager/Environmental Planner
[email protected]
Abe Leider, AICP CEP
Principal
[email protected]

Title XI - ZONING, PLANNING AND ANNEXATION
Chapter 10 - ZONING
Section 6 Mixed Use Zones and Standards*
Milpitas, California, Code of Ordinances Created: 2022-04-11 11:11:07 [EST] (Supp. No. 53, Update 1)

NOTES:

New text that applies to NCMU and TC zones in BLACK.

Text that applies only to other mixed-use zones in GREY.

Updated General Plan Designations follow Zones and standards.

Section 6 Mixed Use Zones and Standards*
* Prior ordinance history: Ords. 38, 38.18, 38.19, 38.22, 38.207, 38.339, 38.687, 38.702, 38.761, 38.763 and 38.776.

XI-10-6.01 Purpose and Intent
A. Mixed Use ("MXD") Zoning District. The purpose of the MXD zoning district is to encourage a compatible mix of residential, retail, entertainment, office and commercial service uses within the framework of a pedestrian-oriented streetscape. It is intended that the residential and commercial use allowed in the "MXD" District combine to provide for an "around-the-clock-environment" with urban open areas (i.e. plazas, squares) that serve multiple purposes and can be used for special events.

B. High Density Mixed Use ("MXD2") Zoning District. The purpose of the MXD2 zoning district is to encourage a mix of retail, restaurant, entertainment, and commercial service uses on the ground floor with residential or office uses on the floors above while maintaining a pedestrian-oriented streetscape. It is intended that the retail or restaurant space required will ensure neighborhood-oriented retail and services are provided within walking distance of high density residential development.

C. Very High Density Mixed Use ("MXD3") Zoning District. The purpose of the MXD3 zoning district is to provide very-high density housing, retail and employment uses.

D. Neighborhood Commercial Mixed Use (“NCMU”) Zoning District. The purpose of the NCMU zoning district is to encourage a compatible mix of residential, retail, entertainment, office, and commercial uses, with an emphasis on commercial activity as the primary use. It is intended that the neighborhood-serving active uses such as grocery stores, retail, restaurants, and personal services at key locations on the ground level will help create a pedestrian oriented streetscape and public spaces. The NCMU Zoning District is subdivided into three subdistricts:

1. NCMU1 allows commercial or mixed-use development with the primary function as a commercial center to provide goods and services to the immediate neighborhood. The mix of uses may be vertical or horizontal.

2. NCMU2 allows commercial or mixed-use development with some active commercial storefronts along the street frontages.

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3. NCMU3 allows commercial, mixed use, or residential only development with no minimum commercial FAR. NCMU3 includes parcels that are less suitable for commercial use, such as those located on secondary streets, lacking street frontages, or adjacent to residential zones.

E. Town Center (TC) Zone. The purpose and intent of this zone is to provide for an area that supports a wide range of administrative, business, entertainment, dining, and cultural activities along with some residential uses in the geographic center of the City to suit the varying lifestyles of residents and visitors alike. The area is easily accessible via the City's transportation network. The TC Zoning District is subdivided into three subdistricts:

1. TC1 allows commercial or mixed-use development with the primary function as a commercial center to provide goods and services to the immediate neighborhood and larger community. The mix of uses may be vertical or horizontal.

2. TC2 allows commercial or mixed-use development with some commercial storefronts along the street frontages

3. TC3 allows commercial, mixed-use or residential only development with no minimum commercial FAR.

TC 3 includes parcels that are less suitable for retail uses, such as those located on secondary streets, lacking street frontages, or adjacent to residential zones. (Ord. No. 38.803, § 7, 4/17/12; Ord. 38.777 (8) (part), 6/17/08) XI-10-6.02 Mixed Use Regulations
A. Permitted and Conditionally Permitted Uses.

1. Primary uses. The uses identified in Table 6.02-1, Mixed Use Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table 6.02-1 shall be permitted or conditionally permitted, as indicated:

P Where the symbol "P" appears, the use shall be permitted.

MCS Where the symbol "MCS" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit by staff, in accordance with Section 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.

P/C Where the symbol "P/C" appears the use may be permitted if certain criteria is met or otherwise a Conditional Use Permit shall be required, in accordance with Section XI-10-57.04, Conditional Use Permits, of this Chapter.

C Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.

MC Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.

O Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

2. Accessory Uses.
a. Massage Services. Massage services may be allowed as an accessory use to any permitted or conditionally permitted medical office, medical clinic, chiropractor practice, acupuncture practice, physical therapist, fitness and athletic facility, health care facility (such as hospitals,

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nursing homes and sanitariums), and accredited school, college, and university. Massage services, limited to massage of the head, neck, shoulders, hands and feet may be allowed as an accessory use to any permitted or conditionally permitted beauty salon, barbershop, and healing art practices. This section shall not exempt any person or business from complying with all the provisions of Title III, Chapter 6.

B. Prohibited Uses. The following uses are prohibited:

1. Uses where the symbol "NP" appears within Table 6.02-1.

2. The following uses are not permitted in any mixed use zone:
a. Adult Businesses as defined in Subsection 13.04, Adult Businesses, of this Chapter. b. Disinfecting and extermination business.
c. Ground level residential in the Ground Level Commercial Area as shown on the Midtown Specific Plan Land Use Map, Figure 3.1 and Zoning Map.
d. Outdoor storage of vehicles.
e. Private self-storage facilities
f. Single family detached dwellings
g. Two family dwelling units
C. Other Uses. Any other uses may be considered by the Planning Commission that are similar in accordance with the procedure, prescribed in Subsection 10-54.02, Other Uses Permitted by Commission, of this Chapter.

Table XI-10-6.02-1
Mixed Use Zone Uses
Use MXD MXD2 MXD3 NCMU1,2,3 TC1,2,3
Ground
Level
(Facing
Retail
street)
Upper
Floor

1. Commercial Uses
Alcohol beverage sales C C C C C C
Business support services1 P/NP2 P/NP2 NP P/NP2 P/NP2 MC Grocery stores (supermarkets)3 C C C C P P
Pawnshops4 C C C C NP NP
Personal services1, 5 P P P P P P
Pet shops C NP NP NP NP P
Repair and cleaning shop, small
items1

P P P MC MC P
Retail stores, general
merchandise6

P P MCS MCS P P
Thrift shops (used merchandise)
Retail P P P P P P
With collections C C C C C NP

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Drive Through Uses NP NP NP NP NP C

2. Entertainment and Recreation
Commercial athletic facilities P P P P MCS in
NCMU1
P
“Theaters (Indoor)”
Recreation or entertainment
facility

C C C C NP C

3. Health and Veterinarian Uses
Animal grooming (no boarding) P P NP P NP P
Hospitals or sanitariums7 C C C C NP C
Massage establishment 8 MC MC MC MC MC MC
Massage establishment,
accessory 8

MCS MCS MCS MCS MCS MCS
Medical or dental offices and
clinics
P NP P P P (upper
floors)
MCS (ground
floor)
P
Medical support laboratories P P P P NP C
Optician and optometrist shop P P P P P (upper
floors)
MCS (ground
floor)
P
Pharmacy or drug store P P P P P P
Veterinarian clinic P P P P NP P

4. Lodging
Bed and breakfast P P NP NP NP NP
Boarding houses (3 or more
persons)

C C C C C C
Group dwellings C C C C C C
Hotels C P P P C P
Motels C C C C NP NP

5. Professional Offices, Financial Institutions and Related Uses Financial institutions (banks,
savings and loans, etc.)

MCS NP MCS P P P
Offices, business and
professional6

MCS NP MCS P C P

6. Public/Quasi Public and Assembly Uses
Child care
Child care center C P C P C C
Day care school C C C C C C
Large family child care home P P C P P P
Small family child care home P P P P P P
Instruction

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Group6 P NP NP NP P P
Private P P P P P P
Park, playground or community
center10

O O O O O O
Places of assembly7 C C C C C C
Public utilities C C C C C C
Schools, private (elementary,
middle and high)5

C C C C C C
Theaters (Indoor) C C C C NP C
Trade and vocational schools7 C C C C NP C
Transportation facilities4 C C C C NP C

7. Residential Uses
Multi-family housing11 P NP12 P P P
12 P
Transitional and supportive
housing11
P NP12 P P P
12 P
Accessory Dwelling Unit14 P NP P P P P

8. Restaurants or Food Service
Bar or nightclub C
15 C15 C C15 C15 C
Brewery/Eateries MCS MCS NP MCS MCS MCS
Catering establishments C C C C NP P
Restaurants4 P/C P/C NP P/C P/C P
With music (indoor/outdoor) P
15 P15 NP P15 P15 P
With other live
entertainment/dancing

C C NP C C C
Mobile Food Vending
(individual vehicle)16 P P NP P P P
Mobile Food Park16 MC NP NP MC NP MC
Commissary MC NP NP MC NP MC

9. Unclassified Uses
Artisan Studios & Live-work
units, woodworking or
glassworking, plumbing or
metalworking and sign shops4

MCS MCS MCS MCS MCS MCS
Lobbies and entries for upper
floor uses

P P NP P P P
Model home complex17 P P P P P P
Mixed use developments18 P P P P P P
Planned Unit Development19 P P P P P P
Temporary seasonal sales20 P P P P P P
Short-Term Rentals21 P NP P P P P

10. Vehicle-Related Repair, Sales and Services
Auto sales and rental22 C C C C NP NP

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Auto broker (wholesale, no
vehicles on site)4

MCS MCS MCS MCS NP MCS
Vehicle service uses23 C NP NP C NP C
1 Refer to Subsection XI-10-6.02-1(B), Performance standards for certain uses, of this Chapter, for standards. 2 Copy/quick-printing shops and mailbox rental facilities shall be permitted in all MXD, MXD2 (Ground Floor), MXD3, and all NCMU zones. All other uses classified as Business Support Services shall not be permitted in these zones. 3 Grocery stores with floor area up to 15,000 square feet are permitted. Grocery stores exceeding 15,000 square feet may be permitted subject to the approval of a Conditional Use Permit pursuant to Subsection XI-10-57.04 of this Chapter. 4 Refer to Subsection XI-10-6.02-1, Special Uses, of this Chapter, for standards. 5When located on the ground floor, retail sales of products related to the Personal Services provided shall be offered at the front of the premises near a pedestrian entrance and shall comprise at least 10 percent of the floor area of the business establishment. 6 Refer to Subsection XI-10-6.02-1(B) Performance standards for certain uses, of this Chapter. 6 7 Refer to Subsection XI-10-6.02-2, Quasi-Public Uses, of this Chapter, for standards. 8Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments. 10 For parks, playgrounds or community center owned and operated by a government agency or a nonprofit community organization. 11 Ground level residential is prohibited in the Ground Level Commercial Area as shown on the Midtown Specific Plan Land Use Map, Figure 3.1. 12 Uses serving upper-floor residential uses, such as common gathering space, lobby, and resident services, may be allowed as ground floor uses where residential uses would otherwise not be permitted. 14Only allowed within multi-family dwellings, subject to the requirements of Subsection XI-10-13.08, Accessory Dwelling Units, of this Chapter. 15 Indoor or outdoor music is permitted as an accessory use on the same parcel in conjunction with a restaurant or bar that is a principal permitted use or approved conditional use in the MXD, MXD2, MXD3, and NCMU zones. See also Subsection XI-10-6.06(B) for additional regulations.
16Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter. 17Refer to Subsection XI-10-13.11(E), Model Home Complexes and Sales Offices, of this Chapter for temporary tract offices. 18Which include only permitted uses.
19Refer to Section XI-10-54.07, Planned Unit Developments, of this Chapter, for standards. 20Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter. 21Only allowed within a dwelling unit, subject to the requirements of Subsection XI-10-13.17, Short-Term Rentals, of this Chapter. 22New and used auto, recreational vehicle and boat sales, excluding commercial vehicles, trucks, buses, vans, and farm equipment, with accessory repairs and services, only allowed if fully enclosed within a building. Bicycle and auto rental agency, excluding commercial vehicles, trucks, buses, vans, boats and RV rentals, only if fully enclosed within a building. 23Refer to Subsection XI-10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy:

Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995.

6.02-1 Mixed Use Zone Special Uses
A. Special Uses within all MXD zones. Certain uses noted in Table 6.02-1, Mixed Use Zone Uses may be allowed through the approval of a Conditional Use Permit and Minor Conditional Use Permits, in accordance with Subsection 57.04, Conditional Use Permits, of this Chapter, if they are not located within one thousand (1,000) feet of another same use listed below. This distance shall be measured from the property line of the parcel where such use is located.

1. Auto service uses, including but not limited to: gasoline service stations, car washes, tire shops, towing without vehicle storage and auto repair shops of all kinds, radiators, paint, body, glass, brakes, upholstery, and other similar types.

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2. Local transportation service facilities (e.g. taxi, parcel service, ambulance, armored car, and van storage) without outdoor storage of vehicles.

3. Pawnshops.

B. Performance Standards for Certain Uses. For uses requiring approval of a Minor Conditional Use Permit by staff, in accordance with Section XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, the following performance standards below shall be met.

1. Auto Brokers. Auto Brokers may be permitted by right if the following standards are met:
a. Local Sales and Use Tax. In order to assist the City of Milpitas in its efforts to receive direct distribution of the local tax on materials associated with the project, the California Sales and Use Tax (the "Local Tax") shall be allocated to the project site, to the extent reasonably possible.

Evidence of tax allocation or cause as to why such allocation cannot be made shall be submitted at the time of business license submittal.

2. Auto Service Uses. Auto Service uses shall comply with the following standards:
a. All operations shall be conducted completely within an enclosed building. b. Entrances to the service bays shall not be open to the street but shall be designed to face the rear or interior side property line.

3. Artisans, Plumbing, Metalworking, Sign Shops and Woodworking or glass working shops. These uses shall comply with the following standards:
a. All operations shall be conducted completely within an enclosed building. b. There shall be no dust, fume, or odor either emitted from the premise. c. The operations shall not create excessive vibrations. d. The operations shall be consistent with the City's noise standards. e. Plumbing, metalworking, sign shops, woodworking or glass working shops shall not be closer than 1,000 feet of another same use measured from the property line.

4. Personal Services, Business Support Services, and Repair and Cleaning-Small Items uses shall comply with the following:
a. When located within the MXD zone:
i. Located in the area designated for ground floor retail and are less than or equal to ten thousand (10,000) square feet in gross floor area;
ii. Located in the areas not designated for ground floor retail and are less than or equal to fifty thousand (50,000) square feet in gross floor area. b. When located within the MXD2 and MXD3 zones they are less than or equal to fifty thousand (50,000) square feet in gross floor area;
c. They are not open past 10:00 p.m.;
d. They are not specifically noted in Table 6.02-1, Mixed Use Zone Uses, of this chapter, requiring Conditional Use Permit approval or listed as a prohibited use; e. They are not listed as a prohibited use in Section 10-6.02 (B), Prohibited Uses, of this Chapter.

If items a through c above are not met, then approval of a Conditional Use Permit is required in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter. Exceptions to the requirement for a Conditional Use Permit for such uses may be

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granted at the discretion of the Planning Director on a case-by-case basis, based upon a review of site-specific conditions.

5. Group Instruction uses shall comply with the following standards:
a. No loitering shall be permitted before or after any classes or sessions.

6. Restaurants may be permitted provided:
a. They have only ancillary on-premise consumption of beer and wine associated with food sales; b. They have no separate bar area;
c. When located within the MXD2 and MXD3 zones they are located on the ground floor facing a public street designated as a retail mixed use street; and d. They conform to the performance standards listed in this subsection (e) below.

If items (a) through (c) above are not met, then approval of a Conditional Use Permit is required in accordance with Section 57, of this Chapter.
e. Restaurant Performance Standards. Restaurants shall comply with the following performance standards:
i. Seating shall not exceed that which the amount of parking allocated for the restaurant space would allow. A sign measuring at least one (1) foot by one (1) foot, with a lettering height of at least three (3) inches, shall be placed in a conspicuous location near the restaurant front entrance stating the maximum total seating allowed. Outdoor seating is allowed if it has been approved as part of the facility's Minor Site Development Permit or Site Development Permit and is operated in conformance with any conditions of that approval.
ii. The restaurant shall comply with the City Council's Guidelines for Recycling Enclosures (Resolution No. 6296).
iii. The restaurant shall incorporate measures to reduce odors to acceptable levels, including, but not limited to, installation of a scrubber, carbon filter or similar equipment, on the roof vent to control odors.
iv. All the facility's floor drains, trash compactors and indoor mat and equipment washing areas shall be drained to the sanitary sewer.
v. Where applicable, the restaurant shall maintain an active account with a tallow hauling company.
vi. The restaurant shall prepare and implement a program assigning restaurant staff responsibility for complying with the following guidelines which shall be adhered to while the restaurant is in operation:
1) Wash all containers and equipment in the kitchen areas so that wash water may drain into the sanitary sewer.
2) Keep garbage dumpsters clean inside and out; replace very dirty dumpsters with new, clean ones.
3) Double bag waste to prevent leaking.
4) Place, do not drop or throw, waste-filled bags, to prevent leaking. 5) Keep the ground under and around the garbage dumpsters swept.

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6) Sprinkle the ground lightly after sweeping with a mixture of water and a little bleach.
7) Hold training sessions to instruct employees on the proper procedures in the handling and disposal of food items; the general maintenance and use of the compactor and any other procedures that would assist the business in complying with all State and local health and sanitation standards. A record of such training must be kept to prove compliance with this requirement. 8) Post signs (in English and multi-lingual) inside the premises for all employees identifying procedures for food delivery and garbage disposal. 9) All garbage bins shall be stored in the garbage enclosure except for the twelve (12) hours immediately before and after garbage collection.

7. Retail and Offices shall comply with the following:
a. When located within the MXD zone:
i. Located in the area designated for ground floor retail and are less than or equal to ten thousand (10,000) square feet in gross floor area;
ii. Located in the areas not designated for ground floor retail and are less than or equal to fifty thousand (50,000) square feet in gross floor area. b. When located within the MXD2 and MXD3 zones they are less than or equal to fifty thousand (50,000) square feet in gross floor area; d. They are not open past 10:00 p.m.; e. They are not specifically noted in Table 6.02-1, Mixed Use Zone Uses, of this Chapter, requiring Conditional Use Permit approval or listed as a prohibited use; and f. They are not listed as a prohibited use in Section 10-6.02 (B), Prohibited Uses, of this Chapter.

If items a through c above are not met, then approval of a Conditional Use Permit is required in accordance with Section 57, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.

C. Mixed Use and Residential-Only Development Projects in the NCMU and TC zones.

1. Mixed use developments in the NCMU and TC zones shall provide commercial or active spaces designed to accommodate neighborhood-serving commercial uses at the ground level, and may include residential units. A proposed project in NCMU1, NCMU2, TC1, and TC2 shall include a minimum non-residential component in full compliance with the requirements of its zoning district as defined in section 11-10-6.04 Mixed Use Zone General Development Standards.

2. 100% affordable developments in NCMU1, NCMU2, TC1, and TC2 are exempt from the minimum non-residential requirement.
a. 100 percent of the residential units must be affordable to low-income (earning up to 80 percent of area median income) and/or very low income (earning up to 50 percent of area median income) households, as defined by the U.S. Department of Housing and Urban Development.
b. Affordability requirements shall be administered through a deed restriction, such as a restrictive covenant or other legally enforceable recorded instrument, for a minimum term of 55 years.

6.02-2 Quasi-Public Uses within MXD, NCMU, and TC Zones A. Churches and religious institutions are permitted in any location within the MXD, NCMU, and TC Zones.

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B. The following quasi-public uses may be permitted within the MXD zones provided their location is first approved by the Planning Commission, in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, and they are not located within 1,000 feet of the parcel boundary of another quasi-public use listed below. This distance shall be measured from the property line of the parcel where such use is located.

1. Places of meeting or assembly, such as auditoriums, banquet halls, and fraternal or union halls. 2.

Hospitals or sanitariums.

3. Private elementary, middle or high schools.

4. Vocational schools, if not found objectionable due to noise, odor, vibration or other similar health, safety and welfare basis.
(Ord. No. 38.840 , § 5, 6/16/20; Ord. No. 38.835 , § 6, 3/3/20; Ord. No. 38.839 , § 8, 12/3/19; Ord. No. 38.829, § 3, 6/6/17; Ord. No. 38.822, § 3, 5/5/15; Ord. No. 38.810, § 6, 12/3/13; Ord. No. 38.803, § 7, 4/17/12; Ord. No. 38.795, § 22, 4/6/10; Ord. 38.784 (1)—(3), 12/16/08; Ord. 38.780 (10)—(17), 8/19/08; Ord. 38.777 (8) (part), 6/17/08) XI-10-6.03 Affordable Housing
Affordable housing units should be provided in all new housing projects. Except as provided in Subsection XI10-6.02-1(C)(2), while twenty percent (20%) is the minimum goal, affordable unit requirements will be determined on a project by project basis, taking into consideration the size and location of the project, the type of housing unit, proximity to transit and the mix of affordable units in the vicinity. (Ord. No. 38.803, § 7, 4/17/12; Ord. 38.777 (8) (part), 6/17/08) XI-10-6.04 Mixed Use Zone General Development Standards A. Standards within Specific Plan Areas. For properties located within a Specific Plan, refer to the Specific Plan for development standards. When a standard is not listed within the Specific Plan, the standards listed within the zoning ordinance shall govern.

B. General Standards. The following minimum requirements shall be observed. The minimum requirement shall be one of the following for the district classification as designated on the zoning map.

Table XI-10-6.04-1
Mixed Use Zone Development Standards
Standards MXD MXD2 MXD3
Nonresidential lot
area minimum
Individual sites shall be of
such size that all space
requirements provided in
this section are satisfied.

Individual sites shall be of
such size that all space
requirements provided in
this section are satisfied.

Individual sites shall be of such
size that all space requirements
provided in this section are
satisfied.

Density,
MinimumMaximum
Residential
(Dwellings)1
21 min. 30 max. per gross
acre. For additional
standards refer to Section

6.04(C), Multi-Family
Residential Density within
the MXD, MXD2 and MXD3
zones
31 min. 40 max. per gross
acre.

For additional standards
refer to Section 6.04(C),
Multi-Family Residential
Density within the MXD,
MXD2 and MXD3 zones.
41 min. 60 max. per gross.

For additional standards refer
to Section 6.04(C), Multi-Family
Residential Density within the
MXD, MXD2 and MXD3 zones.

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Front and
Street-Side
Yard Setback,
Minimum
Refer to Section 6.04(D),
Front and Street-Side Yard
Setbacks.

Refer to Section 6.04(D),
Front and Street-Side Yard
Setbacks.
12 ft. min. 20 ft. max.

For additional standards refer
to Section 6.04(D), Front and
Street-Side Yard Setbacks, of
this chapter.

Interior-Side
Yard Setback,
Minimum2
Ground Level Commercial
Area: 0 ft.

All other areas: 10 ft.
0 ft. Except when abutting
residential use and for
portions of buildings over
60 ft. or four stories tall,
where the interior side
yards shall be a minimum
of 10 ft.
10 ft.
15 ft. when abutting
residential.
20 ft. for portions of buildings
over 60 ft. or four stories tall.

Rear Yard
Setback,
Minimum3
10 ft. 10 ft.
15 ft. when abutting
residential
20 ft. for portions of
buildings over 60 ft. or four
stories tall.
15 ft.
20 ft. when abutting residential
30 ft. for portions of buildings
over 60 ft. or four stories tall.

Floor Area
Ratio, NonResidential
and Mixed
Use projects
For buildings and portions
thereof: .75 max.

1.5 max.

Refer to Section 6.04(E),
Floor Area Ratio, NonResidential.

2.0 max.

Refer to Section 6.04(E), Floor
Area Ratio, Non-Residential.

Commercial
Area,
Minimum
Not Applicable 200 sq. ft. of retail,
restaurant, or pedestrianoriented commercial
service uses, allowed in
Table 6-02-1, Mixed Use
Zone Uses, must be
provided for every unit,
using the minimum density.

Not Applicable
Building
Height4
Principal building: 3 stories
and 45 ft.

Principal building: 6 stories
or 75 ft.

Principal buildings with
frontage along Great Mall
Parkway: 12 Stories or 150
ft.

Greater height, up to 20
stories may be allowed
through the approval of a
Conditional Use Permit.

Principal buildings: 12 stories or
150 ft.

Greater height, up to 20 stories
may be allowed through the
approval of a Conditional Use
Permit.

Landscaping Refer to Section 6.04(G),
Landscaping.

Refer to Section 6.04(G),
Landscaping.

Refer to Section 6.04(G),
Landscaping.

Parking Refer to Section 53, Off
Street Parking Regulations,
of this Chapter.

Refer to Section 53, Off
Street Parking Regulations,
of this Chapter.

Refer to Section 53, Off Street
Parking Regulations, of this
Chapter.
1 For MXD3 properties, density may be averaged over contiguous parcels.

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2 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Planning Commission during the Site Development Permit process, taking into consideration the nature of adjacent uses. 3 See Note 2 above.
4 Within the MXD zone, special architectural features, such as towers or corner elements may be up to 55 ft.

Table XI-10-6.04-2
NCMU Zone Development Standards
Standards NCMU1 NCMU2 NCMU3
Lot area minimum None None None
Density, MinimumMaximum Residential
(Dwellings)1
Maximum: 60 du/ac Maximum: 60 du/ac Minimum: 30 du/ac
Maximum: 60 du/ac
Front and Street-Side
Yard Setback,
Minimum
10' Residential
0' Commercial
10' Residential
0' Commercial
10' Residential
0' Commercial
Interior-Side Yard
Setback, Minimum2
For residential only and
mixed-use developments: 10
ft.

For all other non-residential
developments: None required
On lots abutting a singlefamily residential zone: 25 ft.

For residential only and
mixed-use developments: 10
ft.

For all other non-residential
developments: None
required
On lots abutting a singlefamily residential zone: 25
ft.

For residential only and
mixed-use developments: 10
ft.

For all other non-residential
developments: None required
On lots abutting a singlefamily residential zone: 25 ft.

Rear Yard Setback,
Minimum3
For residential only and
mixed-use developments: 10
ft.

For all other non-residential
developments: None required
On lots abutting a singlefamily residential zone: 25 ft.

For residential only and
mixed-use developments: 10
ft.

For all other non-residential
developments: None
required
On lots abutting a singlefamily residential zone: 25
ft.

For residential only and
mixed-use developments: 10
ft.

For all other non-residential
developments: None required
On lots abutting a singlefamily residential zone: 25 ft.

Floor Area Ratio, NonResidential and Mixed
Use projects4
No min. for commercial only
project.

0.20 min. commercial for
mixed use projects. Minimum
commercial FAR may be
calculated or distributed
No min. for commercial only
project.

0.10 min. commercial for
first 100 feet of parcel depth
fronting a public street for
mixed-use projects. Note:

No min. commercial FAR

0.50 max.

Maximum FAR does not apply
to hotels.

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Standards NCMU1 NCMU2 NCMU3
throughout a development
and across multiple adjoining
parcels.

0.50 max.

Maximum FAR does not apply
to hotels.

Minimum commercial FAR
may be calculated or
distributed throughout a
development and across
multiple adjoining parcels
and is not required to be
located within first 100 feet
of parcel depth.

0.50 max.

Maximum FAR does not
apply to hotels.

Building Height 60’ and 5 stories 60’ and 5 stories 60’ and 5 stories Landscaping Refer to Section 6.04(G),
Landscaping.

Refer to Section 6.04(G),
Landscaping.

Refer to Section 6.04(G),
Landscaping.

Parking Refer to Section 6.04 (H)
Parking.

Refer to Section 6.04 (H)
Parking.

Refer to Section 6.04 (H)
Parking.
1 For NCMU3 properties, density may be averaged over contiguous parcels. 2 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Planning Commission during the Site Development Permit process, taking into consideration the nature of adjacent uses. 3 See Note 2 above.
4 Redevelopment of an existing commercial property to include new residential uses shall calculate the minimum commercial FAR upon the redeveloped portion of the property only. The Review Authority shall have the discretion to give credit to any retained commercial areas on the same parcel or adjacent parcels under common ownership when calculating the required minimum FAR.

Table XI-10-6.04-3
TC Zone Development Standards
Standards TC1 TC2 TC3
Lot area minimum None None None
Density, MinimumMaximum Residential
(Dwellings)1
Maximum: 65 du/ac Maximum: 65 du/ac Minimum: 30 du/ac
Maximum: 65 du/ac
Front and Street-Side
Yard Setback,
Minimum
For ground floor nonresidential use: 15 ft.

For ground floor residential
use: 20 ft.

For developments along E.

Calaveras Blvd. 35 ft.

For ground floor nonresidential use: 15 ft.

For ground floor residential
use: 20 ft.

For developments along E.

Calaveras Blvd. 35 ft.

For ground floor nonresidential use: 15 ft.

For ground floor residential
use: 20 ft.

For developments along E.

Calaveras Blvd. 35 ft.

Interior-Side Yard
Setback, Minimum2
For residential only and
mixed-use developments: 10
ft.

For residential only and
mixed-use developments: 10
ft.

For residential only and
mixed-use developments: 10
ft.

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For all other non-residential
developments: None required
On lots abutting a singlefamily residential zone: 15 ft.

For all other non-residential
developments: None
required
On lots abutting a singlefamily residential zone: 15
ft.

For all other non-residential
developments: None required
On lots abutting a singlefamily residential zone: 15 ft.

Rear Yard Setback,
Minimum3
For residential only and
mixed-use developments: 10
ft.

For all other non-residential
developments: None required
On lots abutting a singlefamily residential zone: 15 ft.

For residential only and
mixed-use developments: 10
ft.

For all other non-residential
developments: None
required
On lots abutting a singlefamily residential zone: 15
ft.

For residential only and
mixed-use developments: 10
ft.

For all other non-residential
developments: None required
On lots abutting a singlefamily residential zone: 15 ft.

Floor Area Ratio, NonResidential and Mixed
Use projects4
No min. for commercial only
project.

0.35 min. commercial for
mixed use projects. Minimum
commercial FAR may be
calculated or distributed
throughout a development
and across multiple adjoining
parcels.

0.85 max.

Maximum FAR does not apply
to hotels.

No min. for commercial only
project.

0.10 min. commercial for
first 100 feet of parcel depth
fronting a public street for
mixed-use projects. Note:

Minimum commercial FAR
may be calculated or
distributed throughout a
development and across
multiple adjoining parcels
and is not required to be
located within first 100 feet
of parcel depth.

0.85 max.

Maximum FAR does not
apply to hotels.

No min. commercial FAR

0.85 max.

Maximum FAR does not apply
to hotels.

Building Height 75’ and 6 stories 75’ and 6 stories 75’ and 6 stories Landscaping Refer to Section 6.04(G),
Landscaping.

Refer to Section 6.04(G),
Landscaping.

Refer to Section 6.04(G),
Landscaping.

Parking Refer to Section 6.04 (H)
Parking.

Refer to Section 6.04 (H)
Parking.

Refer to Section 6.04 (H)
Parking.
1 For TC3 properties, density may be averaged over contiguous parcels.

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2 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Planning Commission during the Site Development Permit process, taking into consideration the nature of adjacent uses. 3 See Note 2 above.
4 Redevelopment of an existing commercial property to include new residential uses shall calculate the minimum commercial FAR upon the redeveloped portion of the property only. The Review Authority shall have the discretion to give credit to any retained commercial areas on the same parcel or adjacent parcels under common ownership when calculating the required minimum FAR.

NCMU2 and TC2 Minimum Commercial Floor Area Diagram
C. Multi-Family Residential Density within Mixed Use zones.

1. MXD Standards.
a. The minimum number of multi-family residential units may be reduced for parcels less than 20,000 square feet.
b. In buildings which have ground floor retail, restaurant, child care, or commercial service uses as allowed in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the density limits.

2. MXD2 Standards.
a. The minimum number of multi-family residential units may be reduced for parcels less than 20,000 square feet.
b. Units with four bedrooms shall be counted as 1.5 units when calculating density.

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c. In buildings which have ground floor retail, restaurant, child care, or commercial service uses as allowed in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the density limits.

3. MXD3 Standards.
a. Units with four bedrooms shall be counted as 1.5 units when calculating density. b. In buildings which have ground floor retail, restaurant, child care, or commercial service uses as allowed in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the density limits.

4. NCMU1, NCMU2, and NCMU3 Standards.
a. Residential units with four bedrooms shall be counted as 1.5 units when calculating density.

5. TC1, TC2, and TC3 standards
a. Residential units with four bedrooms shall be counted as 1.5 units when calculating density.

D. Front and Street-Side Yard Setbacks. The following standards shall apply to front and street-side yard setbacks:

1. All MXD, NCMU, and TC zones.
a. Where a public easement prevents a building from being located at its required minimum or maximum setbacks, the building shall be located as close to the back of said easement as possible.
b. Trellises, canopies and fabric awnings may project up to five (5) into minimum front and street side setback areas and public right of ways, provided they are not less than eight (8) feet above the sidewalk.
c. All buildings shall be oriented towards the street. Primary building entrances shall be oriented toward the street. For buildings located on a corner lots, either street primary building entrances may be oriented to either street.

2. MXD zones:
a. All areas.
i. Balconies, bay windows, porches, stoops, trellises, canopies and awnings may project into the minimum setback areas provided at least sixty percent (60%) of the required setback area is landscaping.
ii. A building's first floor may be recessed from either the maximum front and street side building setback line or the specified build-to-line for the purposes of an arcade, or a small gathering/dining or special entry area.

The arcade shall have a minimum height of (8) feet, a minimum width of eight (8) feet.

Other recessed areas may have maximum depth of ten (10) feet, and may not exceed forty percent (40%) of the building's street facing elevation. An entry door area up to nine (9) feet wide may be recessed up to four (4) feet from the back of the sidewalk. b. Within the Midtown Specific Plan.
i. The Ground Level Commercial Area (as shown on the Specific Plan Land Use Map, Figure

3.1), shall have a build-to-line that is fifteen (15) feet behind the curb. The fifteen (15) feet

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between the curb and the building build-to-line shall be developed with sidewalk and street trees.
c. Outside the Midtown Specific Plan.
i. Minimum of eight (8) feet and a maximum of fifteen (15) feet from back of sidewalk. The sidewalk shall be based on either the existing sidewalk or assumed ten (10) foot wide sidewalk, whichever is wider.

3. MXD2 zones:
a. All areas.
i. Balconies, bay windows, porches, stoops, trellises, canopies and awnings may project into the setback areas up to the property line.
ii. A building's first floor may be recessed from the front and street side building setback line for the purposes of an arcade, outdoor dining area, or special entry area.

The arcade shall have a minimum height of (8) feet, and a minimum width of eight (8) feet.

Other recessed areas may have a maximum depth of ten (10) feet, and may not exceed twenty percent (20%) of the building's street facing elevation. An entry door area up to nine (9) feet wide may be recessed up to four (4) feet from the front and street-side building setback.
b. Within the Transit Area Specific Plan.
i. Setbacks are defined and illustrated in the street sections of Chapter 5 of the Transit Area Specific Plan.
c. Outside the Transit Area Specific Plan.
i. Minimum eight (8) feet and a maximum of fifteen (15) feet from back of sidewalk.

E. Floor Area Ratio, Non-Residential. In addition to the standards listed in Table 6.04-1 Mixed Use Zone Development Standards for MXD2 and MXD3 zoned properties, the following shall apply:

1. A Floor Area Ratio of two and a half (2.5) for non-residential buildings may be considered for individual sites with a Conditional Use Permit, in accordance with Section 57, Conditional Uses Permitted by Commission, of this Chapter.

2. There are no FAR or density limits for hotels.

3. In buildings which have ground floor retail, restaurant, child care, or commercial service uses as provided for in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the FAR calculation.

4. Buildings which include both non-residential uses and residential uses on the upper floors shall be considered "non-residential," and Floor Area Ratio standards shall apply.

F. Landscaping. All required front and street setback areas shall be landscaped or paved to allow for outdoor seating, display or goods, or street furniture.

G. Park and Open Space Requirements for Residential Uses.

1. Areas within Midtown Specific Plan.
a. All residential projects within the Midtown Specific Plan area shall provide park land at a ratio of three and one-half (3½) acres per one thousand (1,000) population. Up to one and one-half (1½) of each three and one-half (3½) total park acres required (43%) may be satisfied by the provision of private recreational areas. The remaining park land requirement must be satisfied by either

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dedication of land to the City for public parks and open space, or payment of an in-lieu fee, as set forth in Section 9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1). b. A minimum of twenty-five percent (25%) of the total site shall be usable open space or recreational facilities. Balconies, porches, or roof decks may be considered usable open space when properly developed for work, play or outdoor living areas. c. Balconies, porches, or roof decks may be considered usable open space when properly developed for work, play or outdoor living areas. Balconies and porches located above ground level with a minimum dimension of 4½ feet constructed for use by dwelling units shall be exempt from the useable open space dimension standards above and within Section 2 of this Chapter, and may be considered to satisfy usable open space requirements. Each dwelling unit shall be provided with private open space as follows:
i. Balconies and porches (above ground level): minimum sixty (60) square feet; or ii. Patios (at ground level): minimum one hundred square feet.

2. Areas within Transit Area Specific Plan.
a. All residential projects shall provide park land at a ratio of three and one-half (3.5) acres per one thousand (1,000) population.
i. Two (2) of the required three and one-half (3.5) acres must be satisfied by either dedication of land to the City for public parks and open space, or payment of an in-lieu fee, as set forth in Section 9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1). Land dedication is required if a park is shown on a property on Figure 3-8 of the Transit Area Specific Plan.
ii. Up to one and one-half (1.5) of each three and one-half (3.5) total park acres required (43%) may be satisfied by the provision of private recreational areas. Private open space cannot be shared between separate developments.
b. Each residential project shall provide adequate on-site usable open space or recreational facilities to the approval of the Planning Commission through the Site Development Permit process. Each dwelling unit shall be provided with private open space as follows:
i. Balconies (above ground level): minimum forty (40) square feet; or ii. Patios and porches (at ground level): minimum fifty (50) square feet. c. All development projects shall dedicate land for parks if a park is shown on a property on Figure 3-8 of the Transit Area Specific Plan.
d. All commercial development projects shall dedicate and/or improve public trails if a trail is shown on a property on Figure 3-8 of the Transit Area Specific Plan. e. Twenty percent (20%) of a landscape buffer area may count towards the public park and open space requirements when it includes trails or wide sidewalks connected to the pedestrian and bicycle network.
f. Park Sites: Parks must be bordered by public streets, or public right-of-way such as a trail or railroad right-of-way, on at least three sides.

3. Areas designated NCMU and TC
a. Park Land. All residential projects shall provide park land at a ratio of three and one-half (3.5) acres per one thousand (1,000) population.

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i. Park Land must be satisfied by either dedication of land to the City for public parks and open space, or payment of an in-lieu fee, as set forth in Section 9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1).
b. Publicly Accessible Parks and Open Spaces. All mixed use or residential only projects on sites between 3 acres and 5 acres shall dedicate 5% of total site area to publicly accessible parks and open space. All mixed use or residential only projects greater than 5 acres shall dedicate 10% of total site area to publicly accessible parks and open space. Publicly accessible parks, plazas, and open spaces provided to meet the requirement below may be counted towards the park land requirement above.
c. Usable Open Space. A minimum of twenty-five percent (25%) of the total site shall be usable open space or recreational facilities. Usable open space may be provided as Common Open Space or Private Open Space.

5. Areas outside Specific Plans.
a. All residential projects outside a Specific Plan area shall comply with the park land dedication provisions provided in Section 9.06 (Amount of Park Land to be Dedicated) of the Milpitas Subdivision Ordinance.
(Ord. No. 38.828, §§ 2, 3, 2/21/17; Ord. No. 38.803, § 7, 4/17/12; Ord. No. 38.785, § 5, 4/7/09; Ord. 38.777 (6) (part), 6/17/08)
XI-10-6.05 Reserved
Editor's note(s)—Ord. No. 38.785, § 6, adopted April 7, 2009, amended the Code by repealing former § XI-10-6.05 in its entirety. Former § XI-10-6.05 pertained to off-street vehicle and bicycle parking, and derived from Ord.

38.777, adopted June 17, 2008.

XI-10-6.06 Special Development Standards
A. Utilities.

1. Utilities shall be placed in underground or subsurface conduits.

2. All mechanical equipment, ground transformers and meters shall be located and screened to minimize visual impacts.

3. Rooftop mechanical equipment shall be concealed from street level views through roof designs that area architecturally integrated with the building, such as equipment wells and parapets.

4. Public utility distribution meters, vaults and similar installations shall be consolidated in a single area whenever possible and located away from highly visible areas such as street corners and public open spaces.

5. Backflow preventors shall be located within landscaped setback areas and painted black or dark green to minimize visual impact. Where no landscaped setback areas exist the backflow preventors shall be incorporated into the front of the building to minimize visual obtrusiveness.

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6. Refuse and recycling containers shall not be visible from a public or private street. Such containers shall be stored either within the parking facility of the building or within a vehicular accessway with screening designed to meet the requirements of this section.

7. Trash enclosure walls shall incorporate building materials and colors that match the architecture of the building, and be well landscaped.

8. All telecommunications antennas shall be building facade or roof mounted and screened appropriately.

9. On Main Street only telecommunication facilities that are disguised to appear as a part of the building architecture (i.e. "stealth" antennas) may be used.

B. Outdoor music

1. Outdoor music as an accessory use in conjunction with a restaurant or bar in the MXD, MXD2, MXD3, NCMU, and TC zones shall be permitted for the entertainment and enjoyment of customers at the restaurant or bar during regular operating hours. Outdoor music as an accessory use shall be limited to the hours of 9:00 am to 11:00 pm.

2. Recorded background music may be permitted outdoors on public sidewalks and other public areas subject to the standards of this Chapter and Title V – Public Health, Safety and Welfare, Chapter 213 – Noise Abatement.

3. Noise levels for outdoor music, when permitted as an accessory use to a restaurant or bar, shall not exceed a maximum range of 70 to 90 decibels (dB). See also Title V – Public Health, Safety and Welfare, Subsections V-213-2 and V-213-3, for additional regulations.

4. Larger outdoor music events, both live and recorded music, that are intended for the entertainment and enjoyment of the general public shall not be considered accessory uses and shall require a Special Event Permit pursuant to Section 15, Special Events and Activities, of this Chapter. (Ord. No. 38.803, § 7, 4/17/12; Ord. 38.777 (8) (part), 6/17/08) XI-10-6.07 Exceptions to Standards

1. Exceptions to all but the use, floor area ratio, density, and park land requirement regulations of this Section may be approved by the Planning Commission through approval of a Conditional Use Permit in accordance with the requirements of Section 57, Conditional Uses Permitted by Commission, of this Chapter.

2. In addition to the required findings under Chapter 57, the Planning Commission must be able to make the following two additional findings for such exceptions:
a. The exceptions meet the design intent identified within the Zoning District and/or Specific Plan and do not detract from the overall architectural, landscaping and site planning integrity of the proposed development.
b. The exceptions allow for a public benefit not otherwise obtainable through the strict application of the specified standard.
(Ord. No. 38.803, § 7, 4/17/12; Ord. 38.777 (8) (part), 6/17/08)

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XI-10-6.08 Conformance with Specific Plans
Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI10-11.06, Conformance with Specific Plans, of this Chapter. (Ord. No. 38.803, § 7, 4/17/12; Ord. No. 38.795, § 23, 4/6/10)

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Parking
Parking Summary: Requirements are located in Section 53.

1. Areas designated NCMU and TC
a. The minimum number of parking spaces required for residential uses shall be 1 space per unit. b. The minimum number of parking spaces required for commercial uses shall be 1 space per 300 sq.ft. of commercial use.

For other parking-related standards, refer to Section 53, Off Street Parking Regulations, of this Chapter.

TABLE IS EXCERPT FROM SECTION 53
Residential use
Studio 1 covered per unit
1 bedroom 1 covered per unit
2—3 bedrooms 1 covered per unit
4 or more bedrooms 1 per unit, plus 1 additional space for each additional bedroom (at least two covered). 4
Guest parking for residential
Projects with Parking structures 10% of the total required, may be uncovered Projects with Private garages 10% of the total required, may be uncovered Bicycle parking 5% of total required
Commercial use
Ground Floor Retail 1 per 300 sq. ft.

Office 1 per 300 sq. ft.

Restaurants
1 per 300 sq. ft.

Short-Term Rentals 1 per unit

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(Supp. No. 53, Update 1)

Other uses Refer to specific uses within this table
Bicycle parking 5% of total auto spaces required
Mobile Homes Refer to Section 13.07, Mobile Homes
Senior Housing 0.5 per unit plus 2 per manager's unit
Single Room Occupancy (SRO) none required

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(Supp. No. 53, Update 1)

GP Definitions
NCMU
Current GP Designation:

The Neighborhood Commercial Mixed-Use (NCMU) designation is intended to accommodate a mix of commercial and residential uses with an emphasis on commercial activity as the primary use, and residential uses, hotel, and office development allowed on a limited basis. The NCMU designation encourages active neighborhood serving uses at the ground level, including grocery stores, specialty retail, restaurants, plazas, or walk-in personal services such as banks and salons at FARs up to 0.75.

This designation also provides opportunities for vertical or horizontal mixed-use residential development to provide for area vibrancy and to encourage the redevelopment of aging commercial centers by allowing Multifamily dwelling units at a rate of 1 unit per 1,500 square feet of new or rehabilitated neighborhood-serving retail and commercial services. The City Council may consider the approval of residential-only projects in the NCMU land use designation, provided the project is 100% affordable to the “low” and “very low” income categories, in order to increase the stock of affordable housing in Milpitas.

Projects with a residential component are subject to additional policy direction (Policy LU 6-1) to ensure that NCMU areas continue to primarily serve surrounding neighborhoods with commercial services.

Proposed GP Designation
The Neighborhood Commercial Mixed-Use (NCMU) designation is intended to accommodate a vertical and horizontal mix of commercial and residential uses with an emphasis on neighborhood commercial activity.

Residential uses, hotel, and office development are allowed on upper floors. The NCMU designation encourages active neighborhood-serving uses at the ground level, including grocery stores, specialty retail, restaurants, plazas, or walk-in personal services such as banks and salons at FARs up to 0.50.

This designation provides opportunities for vertical and horizontal mixed-use residential development to provide for area vibrancy and to encourage the redevelopment of aging commercial centers by allowing residential developments up to 60 dwelling units per acre for mixed-use and residential only projects. Redevelopment of larger neighborhood commercial centers shall provide a minimum of 0.20 FAR of new or rehabilitated neighborhood-serving retail and commercial services. Parcels fronting major streets shall provide a minimum 0.10 FAR of neighborhood-serving retail and commercial services for the first 100 feet of parcel frontage depth. The residential only developments do not require any minimum non-residential FAR.

Change the following Policy:

LU 6-1 Ensure new development in Neighborhood Commercial Mixed Use (NCMU) areas includes adequate commercial components to retain commercial uses as the dominant ground floor use type, and that the

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redevelopment of aging centers results in maintain viable commercial space to meet neighborhood’s daily service needs.

Town Center GP Designation
Existing GP Designation
This designation provides for a variety of commercial, professional, civic, restaurants, hotels, residential, and entertainment uses. Projects may consist of a wholly non-residential development, or a mixed use residential project that integrates residential and nonresidential uses vertically or horizontally. Residential-only projects are not permitted. Residential developments up to 40 units per acres may be permitted within the Town Center as part of a mixed use development project to increase economic support to the commercial uses. Developers wanting to maximize the residential component of the parcel are required to provide a minimum FAR of 0.35 for the non-residential component. Sites developed with a mix of uses, or non-residential uses, must adhere to a FAR maximum of up to 0.85.

Proposed GP Designation
The Town Center (TWC) designation provides for a variety of commercial, professional, civic, restaurants, hotels, residential, and entertainment uses. Projects may consist of a wholly non-residential development, or a mixed use residential project that integrates residential and nonresidential uses vertically or horizontal. Residential developments up to 65 units per acres are permitted within the Town Center to increase economic support to the commercial uses. To maintain the importance of the Town Center area as a center for commercial, professional and civic uses, a minimum of 0.35 FAR of non-residential uses is required for redevelopment of major shopping centers into mixed-use projects and a minimum of 0.10 FAR of non-residential ground floor uses is required along major streets. All non-residential development, except for hotel uses, must adhere to a FAR maximum of up to

0.85. Where permitted, residential only developments do not require any minimum non-residential FAR.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive a Presentation on the Draft Public Art Master Plan (Staff Contact:

Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Category: Community Services and Sustainable Infrastructure Meeting Date: 4/15/2025
Recommendation: Receive a presentation on the Draft Public Art Master Plan and provide feedback on Plan key strategies to staff.

BACKGROUND:

The City of Milpitas Public Art Program has been part of the City's broader effort to foster cultural expression and enrich the community's environment. Milpitas formally established its Public Art Program in the early 2000s and incorporated art into public spaces, such as parks, libraries, and City buildings via public projects.

To ensure the program's continued success, the City of Milpitas established the Milpitas Arts Commission in 2003. The Commission is responsible for reviewing and recommending public art installations and advising on arts-related policies. In 2014, the City of Milpitas adopted a Public Art Requirement for Private Development Ordinance, establishing a one-half of one percent for public art policy for private development projects.

In FY 2022-23, City Council approved funding for a Public Art Master Plan as part of the Public Art Capital Improvement Program (CIP) project and approved the Arts Commission annual work plan, which included working with staff on developing a formal Public Art Master Plan, including an assessment of the existing collection, maintenance recommendations, and public art policies.

In April 2024, following a formal Request for Proposals, the City engaged the services of consultant Designing Local to develop a Public Art Master Plan for Milpitas tailored to the community’s vision and incorporating best practices in the field.

Designing Local conducted extensive community outreach to seek public impressions about the current perception of public art in Milpitas and what the community hopes to see going forward. Additionally, it contracted ACT Art Conservation to make a condition assessment of 28 pieces in the current collection and with the Roth Art Group to provide an appraisal report of the replacement value of the current pieces. This information informs Designing Local’s Master Plan recommendations.

Community Engagement
Community engagement began in June 2024 and was conducted via city-wide surveys, stakeholder interviews, and onsite community engagement with interactive community art-making activities offered in conjunction with the onsite engagements. Comprehensive surveys were distributed in English, Spanish, Simplified Chinese and Vietnamese, with more than 150 people responding. One-on-one stakeholder conversations were conducted with 25 people including commissioners, artists, and city staff. On-site engagement was conducted at the Milpitas Library, Barbara Lee Senior Center, Milpitas Sports Center, Milpitas Teen Center, and Milpitas Community Center. The first series of on-site engagements occurred in September 2024 and included community artmaking at the Lantern Festival.

The second series of engagements to review the draft master plan recommendations began in February 2025.

In-person community meetings to review the draft plan along with artmaking at various locations such as the

Community Center and Milpitas José Esteves Library, were held. Artwork created through these engagements was unveiled at the March 2025 Holi Festival.

Additional feedback to the draft master plan was also provided through an online survey.

Community Feedback
Respondents see Milpitas as a culturally-expansive, family-oriented City with a genuine small-town feel. They seek artwork that is vibrant, inclusive, meaningful, uplifting and invites curiosity. Survey and stakeholder responses to the current collection revealed that the concept of public art is generally misunderstood, for example, confusing art enhancements with public art projects. Additionally, respondents felt the current collection lacks continuity and the pieces are not representative of the diverse community. The types of art that were most desired are functional art, murals and sculptures.

Feedback received from the plan review were very positive, with members of the public excited about potential themes and locations, and pleased the City is making efforts to create a formal Public Art Master Plan.

ANALYSIS:

The draft Public Art Master Plan (Attachment A) is the guiding document that establishes policy guidelines to ensure a consistent decision-making process related to the acceptance, placement, display, and long-term maintenance of public art funded in full or in part by the City and/or public, and installed on City-owned property. The draft document includes assessment of the existing public art collection including valuation, recommendations for maintenance and deaccession, plan implementation, and funding strategies. The following are the recommended key strategies for implementation to provide a high-quality public art program for the Milpitas community.

Staff is seeking feedback from the City Council on these key strategies.

Vision for Public Art
Based on the community feedback, the draft Public Art Master Plan includes a vision statement for the program:

Milpitas will be a city where public art is a dynamic and inclusive force that fosters belonging among all, reflects Milpitas’ diverse population, and deepens the quality of life for all residents.

Strategic Plan Recommendations
Strategies to achieve this vision are:

1. Make this collection community-centric, inclusive and accessible. This includes bilingual interpretive material, QR codes linking to additional information, and a Public Art Field Guide.

2. Operate within the regional context of larger cities San Francisco and San José, with Milpitas’ emphasizing its community pride through public art on a local scale.

3. Strategically place artwork in high traffic areas and gathering places.

4. Collaborate with other city departments, the community, local businesses, schools, and cultural organizations.

5. Balance tradition and innovation, using different mediums to engage a wider audience and promote creative wellness in a STEM-centric community.

6. Establish sustainable funding mechanisms.

Potential Project Locations
Examples of strategic types of projects and/or installation locations where new artwork could be impactful are:

1. Engraved or inlaid paths (i.e. sidewalks, streets)

2. Expanded Utility Box Program

3. Functional art and social spaces

4. Hetch-Hetchy Trail Interventions

5. Hidden Lake Park Staircase Mural

6. Hillside Intervention

7. Media projects along Jacklin, Abel and North Milpitas.

8. Placemaking Public Art at key intersections

9. Rotating 2-D art on digital billboards

10. Skatepark Public Art Enhancement

11. Utility pole activations
Suggested Themes
Use of these themes, which reference Milpitas’ past but recontextualize ideas for newer residents, could help make art more inclusive:

1. Always in Motion

2. A Common Language

3. The Gathering House

4. Land of Sunshine, Fruit, and Flowers
Strategic Recommendations
Changes that could make the Public Art Program operate more efficiently and in line with national best practices are:

1. Policy Updates including a Collection Management Policy, Acquisition Policy and formalize duties of the Public Art Administrator.

2. Audit of collection and appropriate maintenance, including considerations of deaccession, on-call maintenance, emergency plan, and a five-year maintenance plan.

3. Expand funding, including increase to 1.5% for art and define which projects are eligible.

4. Relationship building, including partnerships with VTA, BART, Caltrans, and Milpitas’ own Office of Economic Development and Planning Department, explore mural easements with local businesses, consider matching grants for murals on private property, collaborate with local businesses on private installations, providing courtesy reviews of installation proposals.

5. Increase accessibility, including installing consistent signage that is bilingual and has a QR code link for more information, publish a field guide with new editions every 5-10 years, and add online public art map.

FISCAL IMPACT:

There is no fiscal impact associated with receiving this presentation. After the adoption of the Public Art Master Plan, funding will be required to implement recommendations of which the Public Art Fund will be the primary source of funding. The current balance in the Public Art Fund is $998,702. The current balance of the Public Art CIP project is $558,888.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action is continuing administrative activity related to overall policy and procedure making and is not a project pursuant to Cal. Code Regs., tit. 14, § 15378. The project has no potential for resulting in either a direct

physical change in the environment, or reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378. The project entails the operation and minor alterations of existing public structures, facilities, or topographical features, involving negligible or no expansion of existing or former use and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301.

RECOMMENDATION:

Receive a presentation on the Draft Public Art Master Plan and provide feedback on Plan key strategies to staff.

ATTACHMENT(S):
(a) Draft Public Art Master Plan

MILPITAS

PUBLIC ART MASTER PLAN

CONTENTS
INTRODUCTION.............................4
Executive Summary 6
Why Explore a Public Art Plan Now? 7
COMMUNITY IDENTITY+
BACKGROUND...............................8
Legacy + History of the Program 10
Current Collection, Placement + Context 11
Engagement + Outreach Summary 13
Survey Graphics 14
Stakeholder Report 20
PUBLIC ART VISION + GUIDING
PRINCIPLES: AN EVERYONECENTERED APPROACH................20 Vision for the Public Art Master Plan 25
Public Art Guiding Principles 26
Public Art Typologies 28
MILPITAS-SPECIFIC LOCATIONS +
THEMES FOR PUBLIC ART............38
Locations for Public Art Placement 40
Themes For Public Art 62

STRATEGIC
RECOMMENDATIONS..................68
Program + Administrative Recommendations 70
Summary of Strategic Recommendations 72
APPENDIX.....................................74
ACT Conservation Collection Assessment
Roth Art Group Collection Appraisal Report
Percent for Art Case Studies
Percent for Art Ordinance Recommended Draft
Updates
Public Art Policy Recommended Draft Updates

EXECUTIVE SUMMARY
WHY EXPLORE A PUBLIC ART PLAN NOW? 01 INTRODUCTIONC
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Vickie Jo Sowell,
Legends of Milpitas

EXECUTIVE

SUMMARY

PLANNING PROCESS
The Milpitas Public Art Master Plan is informed by community engagement, stakeholder feedback, and national best practices.

Chapter 1 provides an overview of the Plan, and offers a vision for public art in Milpitas over the next decade. This chapter also addresses how the Plan connects with existing City initiatives to support growth, livability, and existing resources.

Chapter 2 outlines the City’s current public art collection and program history through a present-day lens. This Plan’s stakeholder report captures data, feedback, and community input about the current collection, as well as opportunities for its growth. Taking into account everything we heard from the community.

Chapter 3 offers a comprehensive suite of public art projects and placemaking ideas that align with this Plan’s vision statement. In addition to specific project recommendations, this chapter also provides an overview of public art typologies, which are designed to introduce public art concepts to
audiences (including developers or other prospective partners) who may be less familiar with the benefits and possibilities of public art.

Finally, Chapter 4 evaluates current administrative practices, and offers recommendations to maximize the facilitation and care of public art in Milpitas. General recommendations for the public art program and the role of public art in Milpitas are also presented in this chapter.

WHY EXPLORE A PUBLIC ART
PLAN NOW?
Public art reveals a community’s identity, in addition to creating a sense of place. Survey respondents and stakeholders repeatedly described Milpitas as a culturally-expansive, family-oriented City with a strong park system and proximity to Bay Area destinations.

With a largely tech-driven workforce in the heart of Silicon Valley, Milpitas has attracted residents from across the world, resulting in a vibrant, highly diverse community, with a genuine smalltown feel. This Public Art Master Plan aims to identify strategies for public art placement, typologies, and themes that enhance Milpitas’ livability and quality of life, while supporting the City’s goals for continued growth.

As it looks to the future, Milpitas is also in a distinct moment in its history. The City’s population has become increasingly diverse with each generation, and will continue to embrace neighbors from around the world. Public art is not only a powerful mechanism for bridging the past and the future, but also it is an essential part of connecting residents with each other across language or cultural divides. Through its beloved parks, civic amenities, and other public spaces, Milpitas’ public art will convey that all are welcome—and belong.

Milpitas offers its over 80,000 residents a high quality of life through its community facilities, access to multiple public transit systems, diverse population, proximity to San Francisco, and picturesque location along the Diablo Range. As the City anticipates new development and growth, the Milpitas 2040 General Plan seeks to maximize livability while ensuring fiscal sustainability. Milpitas’ population increased nearly 13% between 2012 and 2022, correlating with the rapid rise of the tech industry, yet many residents voiced that the City has retained a small-town feel, largely attributed to its close-knit neighborhoods, ample parks, and amenities.

Joe Bologna, Patricia Vader,
Kicker Kid
James Dinh,
Circle of Time
INTRODUCTION 7
CHAPTER 1 CHAPTER 3 CHAPTER 4 CHAPTER 5 CHAPTER 2

LEGACY + HISTORY OF THE PROGRAM

CURRENT COLLECTION, PLACEMENT, AND CONTEXT
ENGAGEMENT + OUTREACH SUMMARY

SURVEY GRAPHICS

CSTAKEHOLDER REPORT H
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02 COMMUNITY IDENTITY
+ BACKGROUND
Adrian Susnea-Litman,
Birds of Paradise

LEGACY + HISTORY OF THE PROGRAM
Milpitas has a long history with public art and reflects the community’s long-standing desire for arts to be integrated into daily life.

Public art in Milpitas emerged from a community-led,
grant-funded “Art in Your Park” project to enliven the
City’s neighborhood parks and represent the community.

Project ideas and artwork selections were the result
of resident input, and artworks reflected individual

CURRENT COLLECTION,
PLACEMENT + CONTEXT
Milpitas’ current collection comprises 28 objects in an impressive range of styles, including traditional bronzes, contemporary murals, and kinetic sculpture. The collection is primarily focused on the City’s history, and threedimensional sculpture is the most represented public art typology in the collection.

As part of the Public Art Master Plan, the City has
commissioned its first collection assessment, performed and developed by ACT Art Conservation. This assessment
provides detailed information about each object’s overall condition, outlines any recommended maintenance
treatments, and proposes strategies for long-term object care.

The current collection has provided a foundation for public art in Milpitas, and many stakeholders expressed gratitude for the neighborhood-centered approach to the growth
of its collection. The program’s future should consider the following goals:

1. Clarifying public art approaches, typologies, and
strategies:

Among community members, there is a desire to clarify
the differences between public art, decoration, and
artistic amenities. While public art can manifest in a
number of ways throughout any community, setting
a consistent tone for the display of the collection can distinguish Milpitas’ public art collection from other
features of public spaces.

2. Widening its community representation:

Public Art in Milpitas should embrace the community’s
many cultures and backgrounds. Many stakeholders
expressed a desire for the City’s public art collection to expand its storytelling, representation, and engagement with its diverse community.

Thematically, the current collection addresses local
histories, community art making, and celebrates Milpitas’ parks and green spaces. The public art program’s origins emphasize the collection’s placement and context, and
the community has embraced the presence of art in
these public spaces for decades. Taking this background into account, a key recommendation of the plan is to
strategically place future art in locations that will yield positive, frequent engagement with the public, while also identifying non-traditional opportunities for public art placement.

Scott Donahue,
Watching You
neighborhoods. Two decades later, Milpitas’ beloved
public spaces feature 28 artworks ranging from sculpture to functional mosaic benches.

As the program has evolved, the City has implemented
artworks around Milpitas and in its civic facilities. In 2014, the City’s public art ordinance was adopted, which formalized the program, the Arts Commission, and the
City’s one-half of one percent for art policy.

CHAPTER 1 CHAPTER 3 CHAPTER 4 CHAPTER 5
COMMUNITY IDENTITY + BACKGROUND
Adrian Susnea Litman, Thriving Legacy
“This mural commemorates and celebrates members of our community who had a significant contribution to the development of the City of Milpitas.” CHAPTER 2
LEGACY + HISTORY OF THE PROGRAM | 11

ENGAGEMENT + OUTREACH SUMMARY
Community Engagement for this Plan occurred between July 2024 and March 2025. During this time, the project team… • Created and distributed public art surveys in English, Spanish, Simplified Chinese, and Vietnamese
• Gathered more than 150 survey responses • Facilitated 25 one-on-one stakeholder conversations • Conducted on-site community engagement at the Milpitas Library, Barbara Lee Senior Center, Milpitas Sports Center, and Milpitas Teen Center
• Managed two interactive community art-making activities: the first occurred in September 2024 during the Lantern Festival and was facilitated by artist Edi Hsu, and the second coincided with the March 2025 Holi Festival and was led by Saranya Chandrasekaran.

Individual conversations took place with City staff, regional arts leaders, current and former Arts Commission members, local business owners, and elected officials.

CHAPTER 1 CHAPTER 3 CHAPTER 4 CHAPTER 5
COMMUNITY IDENTITY + BACKGROUND
CHAPTER 2
ENGAGEMENT + OUTREACH SUMMARY | 13

CHAPTER 1 CHAPTER 3 CHAPTER 4 CHAPTER 5
COMMUNITY IDENTITY + BACKGROUND
CHAPTER 2
ENGAGEMENT + OUTREACH SUMMARY | 15

SURVEY GRAPHICS

WHERE DO YOU RECALL SEEING PUBLIC ART IN
MILPITAS?

IF THERE WAS MORE PUBLIC ART IN MILPITAS,
WOULD MILPITAS BE A BETTER PLACE TO LIVE?

HOW WOULD YOU RATE THE OVERALL QUALITY
OF PUBLIC ART IN MILPITAS? RESPONSES
City Hall Library Bart Station Parks Electrical
Boxes
Community
Center
0 10
20 30
40 50
0 25
50 75
100
32 avg.

RESPONSES
WHERE DO PEOPLE GATHER IN MILPITAS?
Other Public Spaces

11.5%

22.0%

18.3%

17.9%

17.9%

12.4%
Parks & Trails
Restaurants
Local Businesses or
Shopping Districts
School Events
Homes
and Neighborhoods
WHAT IS YOUR RELATIONSHIP TO MILPITAS?
Live in Milpitas
Live & Work in Milpitas
Work in Milpitas
Regularly Visit Milpitas For
Shopping, Recreation and
Socialization
0 25 50 75 100

RESPONSES
0 5.2 10

STRONGLY AGREE NEUTRAL STRONGLY DISAGREE

WHAT WORDS OR PHRASES WOULD YOU USE TO
DESCRIBE MILPITAS?

WHAT OTHER CITIES HAVE GOOD PUBLIC ART, IN
YOUR OPINION? RESPONSES
0 10
20 30
San Jose San Francisco Palo Alto Oakland

WHAT IS YOUR FAVORITE PUBLIC ART IN
MILPITAS?
#2
#1
#3
#4
#5
Minuteman Statue
Art At Murphy Park
Murals At The Library
Children Sculptures
Ceramic Tower

WHAT IMAGE COMES TO MIND WHEN YOU
THINK ABOUT PUBLIC ART IN MILPITAS?
5 9
7 12
STATUES 18
MURALS

SCULPTURES
THE

MINUTEMAN
NATURE
CHAPTER 1 CHAPTER 3 CHAPTER 4 CHAPTER 5
COMMUNITY IDENTITY + BACKGROUND SURVEY GRAPHICS | 17
CHAPTER 2

WHAT TYPES OF PUBLIC ART WOULD YOU LIKE TO SEE
MORE OF IN MILPITAS?
Functional Art 75%
Interactive Installations 56%
Temporary Installations 52%
Light Installations 48%
Architectural Elements 42%
Multimedia 22%
Other 4%
Murals 74%
Sculptural 72%

DO YOU FEEL LIKE EXISTING PUBLIC ART IN MILPITAS
REFLECTS YOUR VALUES?
0 5.3 10

STRONGLY AGREE NEUTRAL STRONGLY DISAGREE

DO YOU FEEL LIKE EXISTING PUBLIC ART IN MILPITAS
REFLECTS YOUR IDENTITIES?
0 5.5 10

STRONGLY AGREE NEUTRAL STRONGLY DISAGREE

DO YOU FEEL LIKE PUBLIC ART IN MILPITAS REFLECTS
THE MILPITAS COMMUNITY?
0 5.1 10

STRONGLY AGREE NEUTRAL STRONGLY DISAGREE

WELCOMING COLORFUL INSPIRING INCLUSIVE VIBRANT
PUBLIC ART IN MILPITAS SHOULD FEEL:

WHAT IMPACT SHOULD PUBLIC ART HAVE IN MILPITAS?
63 105
95 76
68 111
57 75
66 109
47 40
64 28
40 52
48 24
57 51
53 27
39 64
14 9
7 13
21 8
25 12
20 3
51 34

HONORS THE HISTORY OF MILPITAS

CELEBRATES THE DIVERSITY OF MILPITAS

STRENGTHENS THE IDENTITY OF MILPITAS

ANCHORS PLACES WHERE PEOPLE GATHER

CREATES WHIMSICAL SURPRISES FOR PEDESTRIANS

BUILDS PRIDE IN THE CITY

SPARKS CONVERSATION

ENHANCES THE BUILT ENVIRONMENT

CREATES AN OPPORTUNITY FOR REFLECTION AND MEDITATION
BEAUTIFIES MILPITAS’S BUILDINGS, STREETS, AND CITY-OWNED FACILITIES

CREATES SELFIE SPOTS

IDENTIFIES SPECIFIC NEIGHBORHOODS THROUGHOUT MILPITAS

HIGH PRIORITY MEDIUM PRIORITY LOW PRIORITY

WHAT ARE SOME CHARACTERISTICS OF A PLACE IN
MILPITAS THAT MAKE YOU FEEL A SENSE OF BELONGING?

MIDTOWN AREA

GATEWAYS

MILPITAS METRO AREA

GOVERNMENT BUILDINGS

MAJOR INTERSECTIONS

MIXED-USE DEVELOPMENTS
#1 PARKS
#2
#3
#4
#5
#6
#7

WHERE WOULD YOU LIKE TO SEE MORE
PUBLIC ART IN MILPITAS?
CHAPTER 1 CHAPTER 3 CHAPTER 4 CHAPTER 5
COMMUNITY IDENTITY + BACKGROUND
CHAPTER 2
SURVEY GRAPHICS | 19

STAKEHOLDER REPORT

MILPITAS PUBLIC ART MASTER PLAN
The following questions were asked to
each stakeholder:

1. What is your relationship with/
connection to public art in Milpitas?

2. Do you feel that the current public
art landscape and/or collection is
reflective of the identity of Milpitas?
Why or why not?

3. What are the most successful
examples of public art in Milpitas and
why?

4. What are the least successful
examples of public art in Milpitas and
why?

5. What is your vision for public art in
Milpitas and its impact?

6. Where would you like to see more
public art in Milpitas?
Following is a summary of feedback
heard during individual interviews. The
information is divided into small sections
to provide a snapshot of themes from
the stakeholders.

WHAT IS THE CURRENT PERCEPTION OF
PUBLIC ART IN MILPITAS?
• Public Art is misunderstood: Among
community members, there are
misconceptions about the differences
between public art, decoration, and
artistic amenities.
• Administrative hurdles: Processes
for public art are complex and
slow-moving, leading to fewer
annual opportunities for project
implementation.
• Unclear vision: Varying priorities and
shifting program goals have made
it difficult to unite the collection’s
identity.
• Not representative of Milpitas’
diverse community: Public Art
in Milpitas should embrace the
community’s many cultures and
backgrounds, but according
to survey results, half of the
community does not feel that the
collection fosters belonging
WHAT IS THE IDENTITY OF MILPITAS?
Survey respondents and stakeholders
repeatedly described Milpitas as a
culturally-expansive, family-oriented
City with a strong park system and
proximity to Bay Area destinations.

With a largely tech-driven workforce
in the heart of Silicon Valley, Milpitas
has attracted residents from across
the world, resulting in a vibrant, highly
diverse community, with a genuine
small-town feel.

WHAT TRAITS DOES MILPITAS WANT
TO SEE IN FUTURE PUBLIC ART?
• Visually vibrant: Colorful, inspiring,
fun
• Curious: Interactive, stimulating,
thought-provoking, transformative
• Inclusive: Diverse, representative
of the community, welcoming to all
• Meaningful: Historic,
contemplative, tells a story
• Positive: Happy, joyful, uplifting,
peaceful

VISION STATEMENT FOR THE

MILPITAS PUBLIC ART MASTER PLAN
Milpitas will be a city where public
art is a dynamic and inclusive force
that fosters belonging among all,
reflects Milpitas’ diverse population,
and deepens the quality of life for all
residents.

STRATEGIC RECOMMENDATIONS
The following recommendations in
the Public Art Master Plan will offer
strategies to support the Vision:
• Community-centric, Inclusive,
and Accessible: Public art
should resonate with the diverse
community, especially younger
demographics. The collection
should be more accessible,
which can be addressed through
bilingual interpretive materials,
contextualizing QR codes, and
a Public Art Field Guide. The
process of creating public art
should involve residents in
decision-making, from concept to
installation.
• Regional context: Among larger,
regional cities (such as San
Francisco and San Jose), Milpitas’
public art and cultural resources
are well-sized to meet needs of
the community, which supports
a continued desire to emphasize
community pride through Milpitas’
public art on a local scale.
• Strategic placement: Art should be
strategically placed to maximize
its impact, such as in high-traffic
areas and community gathering
spaces to strengthen the bond
between the community and
public art.
• Collaboration: A collaborative
approach between City
Departments (including Planning,
Recreation & Community Services,
and Economic Development)
and the Community (developers,
artists, neighborhood groups, etc.)
is crucial for successful public art
initiatives. The Public Art Program
should also seek collaboration
with businesses, schools, and
cultural organizations to expand
the reach of public art.
• Balancing Tradition and
Innovation: Milpitas should strike
a meaningful balance between
traditional forms of expression and
innovative mediums to engage a
wider audience and stay relevant
in Silicon Valley. The City is poised
to be an example of how public
art can support creative wellness
within a STEM-centric community.
• Sustainable funding mechanisms:

While the existing Percent
for Art ordinance provides
substantial funding support for
public art acquisition in Milpitas,
stakeholders expressed a desire
for clear forms of support for
long-term collection care and
maintenance. The City should
consider increasing the half
percent developer fee to one
percent, or greater.

MaryAnn. Baker, Happy Hats Bench
CHAPTER 1 CHAPTER 3 CHAPTER 4 CHAPTER 5
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C
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03 VISION FOR THE PUBLIC ART MASTER PLAN

PUBLIC ART GUIDING PRINCIPLES

PUBLIC ART TYPOLOGIES
PUBLIC ART VISION +
GUIDING PRINCIPLES: AN

EVERYONE-CENTERED

APPROACH
Cork Marcheschi,
Fertile Ground

Milpitas will be a city
where public art is a
dynamic and inclusive
force that fosters
belonging among all,
reflects Milpitas’ diverse
population, and deepens
the quality of life for all
residents.

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VISION FOR THE PUBLIC ART MASTER PLAN | 25

PUBLIC ART

GUIDING

PRINCIPLES
Building on the vision for Public Art in Milpitas, a set of guiding principles for future public art projects and programs will ensure that community feedback from the Public Art Master Plan process is at the heart of decision-making. The following principles are synthesized from community and survey input, and illuminate the traits that the public would like to see in future public art:

Visually Vibrant
Colorful, inspiring, fun
Sparks Curiosity
Interactive, stimulating, thought-provoking, transformative Inclusive
Diverse, representative of the community, welcoming to all Meaningful
Historic, contemplative, tells a story
Positive
Happy, joyful, uplifting, peaceful
Shannon More-Jervis, Marcia Smith,
Hand in Hand Around the Park
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PUBLIC ART

TYPOLOGIES
Public art projects can have a range of positive, impactful outcomes in public spaces and communities. This section outlines some different types of public art interventions, engaging opportunities for public involvement in art, and strategies to select public art sites.

SCULPTURES
Sculptures are three-dimensional original artworks that can be made of any material that offers structural stability and durability. Sculptures are scaled to their surroundings and typically do not move from the location in which they are installed. Whether contemporary, whimsical, traditional or something more, sculptures are often the focal points of civic art. Sculptures may commemorate and celebrate
our history, express civic pride, or be established as
culturally-defining showpieces for the town.

Sculptures can take on many shapes and sizes and often
fit well when created in or alongside gateways, parks,
gathering spaces, and community centers. Because
communities can celebrate and enhance their civic
identity, they are especially appropriate in parks and
downtown settings.

ENVIRONMENTAL ART
Environmental art is any kind of outdoor public art
that uses materials with a direct connection to nature, landscaping, or organic materials. Environmental art
can be temporary or permanent, and its scale can vary.

Its thematic context addresses environmentalism and
sustainability.

Matthew Mazzotta, Cloud House,
Springfield, Missouri (2016)
Patrick Dougherty, Summer Palace
Morris Arboretum, Philadelphia, PA (2009)

PUBLIC ART MEDIA
Carla Moss,
Little Alviso Water Tower
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FIBER
Fiber art is any kind of artwork that uses natural or
synthetic fiber materials as the primary component of
its overall composition. Fiber art can take the form of wall hangings, tree wraps, suspended sculptures, and
beyond. Examples of fiber materials include fabric, yarn, polyurethane materials (like tarp), and mesh.

FUNCTIONAL ART
Functional Art is ordinary infrastructure that has been reimagined and designed by an artist. Integrating unique designs into infrastructure may be an affordable and
efficient way to create a major visual impact. Some
possible options for functional art installations include bike racks, benches, play equipment, medians, subdivision walls, trash cans, transit stops, storm drains, manholes, monument signage, sidewalk treatments and more.

Sui Park, Summer Vibe (2021)
Riverside Park, New York City
Beatriz Mayorca, Evolve (2019)
Oklahoma City, OK
MURALS
Murals are large-scale, two-dimensional compositions
that can be: 1) painted onto the surface 2) graphic
reproductions printed onto vinyl that is adhered to a
surface, or 3) painted onto a panel that is affixed to
the building. Environmental conditions, artwork display duration, artist ability, timeline, and budget are all
considerations for which mural application style is suitable for a project. While curating permanent works of art as part of the collection is important, ephemeral works such as murals allow for the exposure of many artists over a short period of time rather than a few artists over a long period of time.

LIGHT INSTALLATIONS
Artists use lighting in creative and interesting ways in order to manipulate the built environment with limited
physical impacts. Light installations may be used on
existing buildings, in parks on substantial landscape
features, or as part of a larger installation of sculpture.

They may be especially useful and impactful when used in infrastructure projects.

Maria Sengle, Wild Tracks (2024)
Jackson Hole, Wyoming
Mina Cheon, Diamond Sculpture
(Series of 15) 2015
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MOSAICS
Mosaics come in many shapes and sizes and include glass or ceramics. The relative flexibility of the application of mosaics responds well to many art contexts. Mosaics
can be inlaid for flooring or wall elements, or they may be a component of a sculpture. Terrazzo floors can be
considered as a kind of mosaic installation.

MULTIMEDIA
Multimedia installations may combine many other art
types in ways that expand the imagination. Video, lighting, sculpture, murals, and more can be combined to make
multimedia installations. Multimedia installations are
especially useful for temporary or pop-up installations.

Kerstin Brätsch, Fossil Psychic Stone Mimicry
(Palladiana, Mosaico_Bench I), 2024–2025
Allegory, Flux Cocoon
Lausanne

SITE-SPECIFIC ART
Site-specific art is artwork that is aesthetically,
conceptually, and/or thematically connected to the unique circumstances, culture, history, and environment of a
particular site. Site-specific art can take many forms, and may be permanent or temporary. In this approach to
art-making, artists extensively research the place, site, or area where the site-specific artwork will be placed.

Site-specific art tells the story of a place through its surroundings, enriching the experience of the place itself.

PERFORMING ARTS
Dance, theater, and spoken word are common types
of public performance. The scale and scope of these
artforms may vary, as well as their performance spaces.

Performing arts are not typically a permitted expenditure for public art funds.

Meg White, Muse of Discovery
Lake Eola Park, Orlando, FL
City of Vacaville, CA 2024 Día de los Muertos
celebration at Andrews Park & CreekWalk Plaza
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TIME-BASED MEDIA
Time-based Media is art that is created using
photography, video, film, and/or audio whose composition transpired over a period of time. Time-based media
artwork has clearly-defined beginning and ending points.

This kind of artwork may run on a loop and is suitable
for environments whose conditions are not suitable for
traditional artwork materials. Time-based media typically assumes the form of projection mapping onto buildings, or sound-based artworks.

ITERATIVE PUBLIC ART PROJECTS
An iterative project is one that has many parts united by the same theme. For example, a park may commission
an artist to create a series of sculptures placed in various locations around the park, united by the theme “Larger
Than Life Flowers.” Another example could be a recurring design motif or symbol placed in a range of sites around a town center, such as the famous San Francisco hearts, which take many iconic forms across the city. Iterative projects establish a “trail” for the community to follow across a predetermined area, making them a great option for retail areas, parks, or historic town centers.

PUBLIC ART PLACEMENT STRATEGIES

SINGLE-PRESENTATION PUBLIC ART

PROJECTS
Single-presentation public art projects are those that do not repeat in multiple locations and their compositions are limited to one site. Examples of these kinds of
projects include, a large-scale sculpture commissioned
for a city hall lawn; a unique mural on the facade of a community center; or light installation that is engineered to complement the detailed architecture of a historic
building. Single-presentation projects may be temporary, or long-term, and they are primarily characterized by their function as a landmark in public space.

ART TRAIL + TRANSIT
Taking inspiration from the format of Iterative Public Art Programs, art that is placed along trails or integrated into a Public Transit system can shape transportation routes and provide a captivating, continuous experience for
travelers. The benefits of art integrated into the mass transit experience includes increased ridership, enhanced system identity, and vandalism deterrence, in addition to an overall stimulating and engaging rider experience.

LUMA Festival 2023,
Binghamton, NY
William Crite, Mosaic Tile Mural,
Pasadena, CA (1995)
Hearts in San Francisco, Union Square,
San Francisco, California (2012). Image by Carol Highsmith.

Cecilia Lueza, A Timeless Journey,
Jacksonville, Florida (2017)
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PUBLIC PERFORMANCES
Dance, theater, spoken word, or another type of public
performance is an ideal opportunity to be staged in public space or alongside public art. These displays have a
particular relevance when staged at the unveiling of public artworks.

POP-UP + TEMPORARY ART
Pop-up and Temporary Art are public art opportunities
that exist in a community between one day and two
years. Though temporary art is not intended to live for a generation, it can have a lasting impact on a community by creating a sense of surprise and joy in unexpected places.

Some ideal locations for temporary installations include construction sites, sidewalks, alleyways, parks, and
temporarily empty spaces and storefronts. Photography,
chalk art, and artworks made using natural materials are ideal mediums for temporary, rotating experiences.

ENGAGING PUBLIC ART OPPORTUNITIES

COMMUNITY PARTICIPATORY ART
Participatory art involves the community or a public group in the process of art-making, as guided by an artist.

Artwork that emerges from a participatory experience
enhances and celebrates its process and participants
over short or long periods of time. Collaborative art pieces engage people to generate feelings of community pride
and ownership. Milpitas has done a number of community
participatory art projects in conjunction with special
events, and are often a highlight of these programs.

People in Milpitas
most want to
see Functional
Art, Murals, and
Sculptures.

Teddy Adams Band,
Savannah, Georgia
Open Air Studio,
Gahanna, Ohio
Community art in Milpitas, CA.

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LOCATIONS FOR PUBLIC ART PLACEMENT
THEMES FOR PUBLIC ART PROJECTS 04

MILPITAS-SPECIFIC
LOCATIONS + THEMES FOR

PUBLIC ART
Vickie Jo Sowell,
Legends of Milpitas

STAIR MURAL +

MOSAIC AT HIDDEN

LAKE PARK
Hidden Lake Park is a true hidden gem in the center of
Milpitas, but it does not yet have a prominent public art piece to anchor its sense of place.

This park provides pedestrian access to the Berryessa
Creek Trail and multiple neighborhoods. Activating this site’s highly visible staircases through a series of mosaic or mural treatments would emphasize Hidden Lake Park as a node for outdoor recreation and connectivity.

COST
$25,000 - $50,000 (Mural)
$100,000 (Mosaic)

SPECIAL

CONSIDERATIONS
None

IMPLEMENTATION

TIMELINE
12 months
Potential Project Placement
Ashley Corbello
Roeland Park, KS
Tori Shao
Issaquah, WA
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HILLSIDE INTERVENTION
Milpitas’ picturesque hills have shaped the City’s footprint, culture, and history for centuries. Public art could celebrate the landscape’s history through a combination of temporary and permanent interventions, and offer an experience that is unique to Milpitas.

Although parts of the hillside may not have public access, public art can enhance the natural wonder and beauty of this majestic landscape, inspiring a strong sense of city-wide pride and sense of place.

COST $25,000 - $200,000+

SPECIAL

CONSIDERATIONS
Partnerships with private,
county, and/or state entities
would need consideration.

Both temporary and
permanent activations
should withstand the
regional rainy and fire
seasons (November-March).

Local ecological and/or
environmental partners may
be a helpful resource to
implement projects that are
sustainable and compliant
with local and state laws.

IMPLEMENTATION

TIMELINE
12- 18 months
Christo and Jeanne Claude, The Umbrellas
1991 (Los Angeles County)
Kelsi Anderson, Birds of Paradise
2024 Santa Rosa, CA Bruce Munro, Sensorio
Paso Robles, CA
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PUBLIC ART AND

PLACEMAKING AT KEY

INTERSECTIONS
Survey respondents selected Midtown Milpitas (near Main Street and Calaveras) as the place where they would most like to see public art in Milpitas. Implementing strategic public art projects along Main Street— specifically at the intersections with Weller (north end of Milpitas Library) and Serra (in front of Central Plaza)—offers a creative approach to defining Milpitas’ intended public gathering areas. These nodes bookend Milpitas’ downtown area, but could be better defined by crosswalk murals, gateway projects, or iterative treatments in walkways or on lightpoles.

It will be key to integrate public art at these sites in flexible ways: not only should public art enliven Main Street, but also it should define these intersections as primary sites for gathering, activities, and events.

Paver compositions or murals would designate these intersections as centerpieces of the community.

COST $25,000 - $200,000+

SPECIAL

CONSIDERATIONS
Partnerships with private, county,
and/or state entities would need
consideration, based on right-ofway jurisdiction. Both temporary and permanent interventions
should be considered and aligned
with seasonal activities.

IMPLEMENTATION

TIMELINE
6-18 months
Richard Nickel, VIBE District Crosswalk
Virginia Beach, VA
Potential Project Placement Cecilia Lueza, Summertime, 2021 Clearwater, Florida
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ROTATING
2-DIMENSIONAL ART ON

DIGITAL BILLBOARDS
The City has previously been given access to two digital billboards on Interstates 237 and 880. These sites are ideal for two-dimensional digital art opportunities that could rotate on a regular basis, but would require that the City enter into easement agreements with the billboard owners.

The digital billboard in front of City Hall would be an ideal opportunity for community-created artwork, or projects by local and emerging artists. Implementation for these projects is similar to mural processes, but because artists’ work would be digital, this opportunity could offer emerging public artists hands-on experience with municipal art practices.

COST
$5,000 - $10,000 per project,
before ongoing maintenance
costs

SPECIAL

CONSIDERATIONS
Partnerships with private,
county, and/or state entities
would need consideration,
based on right-of-way
jurisdiction. Both temporary
and permanent interventions
should be considered and
aligned with seasonal
activities.

IMPLEMENTATION

TIMELINE
6 months
Pelle Cass, Pink Dancers, 2023
Override Billboard Project, Chicago, Illinois
Wendy Toogood, Loop, 1982
Calgary Art Collection Elaina Dyke, Petals, 2021
Art in The Open, Hannibal Arts Council
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COST $25,000 - $200,000+

POSSIBLE
PARTNERS County and State agencies

SPECIAL

CONSIDERATIONS
Aim to site these works on
City-controlled property and
City-managed Rights-of Way.

Aspirational projects along
Calaveras/237 would require
partnership with CalTrans.

IMPLEMENTATION

TIMELINE
18-24 months
Potential Project Placement

MEDIAN PROJECTS

ALONG JACKLIN, ABEL,
AND N. MILPITAS BLVD.

Public art strategically located at primary entrance points into Midtown Milpitas and along major thoroughfares will welcome all into the city with unexpected whimsy, presence, and personality. Using infrastructure as a canvas, public art at these sites could be painted murals or structural enhancements designed by artists.

These interventions not only add character and visual
interest to the area, but also provide opportunities for traffic calming and enhanced safety. Temporary and permanent
interventions should be explored to maximize visual interest.

Papel Picado
Elizabeth Carrington
Melissa Martinez, Take Flight, 2014
Tempe, Arizona
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ENGRAVED OR INLAID
PATHS
Milpitas’ parks are already beautiful spaces for connection and recreation. Walking is both a popular pastime and
transportation modality for residents of all ages. An
ongoing series of engraved or invalid walking paths provide opportunities to enhance and enrich pedestrian experiences, while also elevating the City’s infrastructure and public spaces.

These artist-designed projects could celebrate the
many journeys of Milpitas’ diverse community and the
City’s multilingual population through a series of words, phrases, and languages. The Hetch-Hetchy Trail is an ideal opportunity for this intervention, given its gravel paths and high visitorship.

COST $25,000 - $100,000+

SPECIAL

CONSIDERATIONS
Neighborhood groups, cultural
organizations

IMPLEMENTATION

TIMELINE
12 - 18 months
Potential Project Placement
Esther Shalev-Gerz, The Shadow, 2018
University of British Columbia, Vancouver, Canada
Ryah Christensen, Reflections on the Brazos, 2015
Austin, TX
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HETCH-HETCHY TRAIL

INTERVENTIONS
Despite being part of a larger trail system, Milpitas’ HetchHetchy Trail locations are integrated into the City’s urban fabric. These could be ideal locations for pop-up experiences and temporary projects, which would not require permanent placement, structural engineering, or invasive installation.

Similar pop-up experiences could occur in any of Milpitas’ larger parks as well.

Additionally, the water tanks located in these parks are ideal opportunities for murals to enliven the trail experience.

ARTWORK $5,000 - $25,000+

SPECIAL

CONSIDERATIONS
An easement or MOU with the
National Park Service will likely
be required for all projects.

IMPLEMENTATION

TIMELINE
12- 18 months
Chiaozza, Lawn Lumps Photo by Daniel Avila
NYC Parks
Fional Clarke

POTENTIAL

LOCATIONS FOR

HETCH-HETCHY

TRAIL LOCATIONS
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EXPANDED UTILITY BOX

PROGRAM
Utility Box art remains one of the most high-impact, costeffective approaches to public art and placemaking. There are 77 city-owned utility boxes that are prime opportunities for public art. Milpitas has implemented painted utility boxes in the past, but vinyl projects offer a greater range of project possibilities, as artists’ work is digitally transformed into the vinyl wrap. This option also offers straightforward maintenance, and can be replaced every 3-5 years.

The structure of the Utility Box program could be expanded to the restroom facilities and service buildings at Milpitas’ many parks.

COST $1,500 - $5,000+

SPECIAL

CONSIDERATIONS
None

IMPLEMENTATION

TIMELINE
3-6 months
John Thurston, Hillcrest, CA
Unknown Utility Box

POTENTIAL

LOCATIONS FOR

UTILITY BOX

PROGRAMING
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FUNCTIONAL ART AND

SOCIAL SPACES
Milpitas’ parks are a beloved community asset, in addition to serving as the catalyst for the City’s public art program over two decades ago. Artist-designed social spaces feature unique, visionary elements that foster interaction and connection.

Additionally, functional features enhance the site through otherwise ordinary elements of public spaces. The City already features a number of artist-designed benches in its collection, which could continue to grow through newly-commissioned waste receptacles, bike racks, shade structures, and other standard fixtures.

Incorporating such features around Milpitas bolsters neighborhood engagement and enhances park spaces through whimsical, yet highly practical artist-design features.

ARTWORK
$100,000 - $2 million,
depending on size and scope
of project

SPECIAL

CONSIDERATIONS
Placement in hightraffic settings, material
maintenance, seasonality of
installations

IMPLEMENTATION

TIMELINE
3 months for readymade
pieces to 18 months for
commissioned projects
RE-site, Nested Hive, 2021
Charlotte, NC
Randy Purcell,
Bee Cycle, 2016, Nashville, TN
Yang Chi Lee,
The Wings, 2012, Phoenix
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MILPITAS SKATE PARK

PUBLIC ART ENHANCEMENT
This 20,000 square foot canvas is an unparalleled opportunity to celebrate Milpitas’ vibrancy in a recreational setting.

A series of murals at the Milpitas Skate Park could expand over time, centering around cultural celebration, feature bold and bright colors, and express the very best of Milpitas’ diverse community.

ARTWORK $45-$55 per square foot of
artist-painted surface

SPECIAL

CONSIDERATIONS
Ensuring that appropriate
materials are used for
painting the surface to
ensure public safety, wear
and tear, and artwork
maintenance.

IMPLEMENTATION

TIMELINE
6-10 months, but murals
could develop over many
years, rather than be
installed at one time.

Ian Tilmann Skatepark, Safety Harbor, FL,
Beth Warmath and Heather Richardson
Andrew Schoultz,
Wynwood, Miami

POTENTIAL SKATE

PARK PROJECT

PLACEMENT
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UTILITY POLE ACTIVATIONS
Utility poles around feature spaces for standard banners, which are currently utilized for local event advertising and other marketing purposes.

Light poles along Calavares Blvd., in particular, feature spaces for banners, but are currently vacant.

These spaces could also be used for public art in an approach similar to that for utility cabinets and bus stations. If advertising space is a priority for the utility poles, then the program could explore smaller-scaled sculpture installations on the poles, creating a surprising public art trail above walkways and roads.

Claudia Ravaschiere and Michael Moss’ Street
Cathedral Boston
Ai, Summer Connections, 2022. Photography by Tori
Lambermont, Mississauga

POTENTIAL

UTILITY POLE

ACTIVATIONS

LOCATIONS
Any city-owned utility or light poles;
any poles on state-owned roads may
require CalTrans approval.

IMPLEMENTATION
COSTS
Banner: $1,000 artist honorarium +
$1,000 printing and installation fees
Sculpture: up to $20,000 for a multi-site
sculpture installation

SPECIAL

CONSIDERATIONS
Projects should rotate every 8-10
months

IMPLEMENTATION

TIMELINE
The overall project will require 3-4
months for selection and planning, but
installation should require no more
than a few days to a week. This is an-
other prime opportunity for working
with community organizations, emerg-
ing artists, and local youth artists.

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THEMES FOR

PUBLIC ART

PROJECTS
The community observed that future public art in Milpitas should strengthen the City’s identity, celebrate the
diversity of Milpitas, and beautify the City’s buildings, streets, and city-owned facilities.

While honoring the City’s history was not identified as a top priority for public art, proposed themes for future projects take inspiration from Milpitas’ history, which can be recontextualized through different lenses to reveal
the City’s unique identity and align with the vision for the Public Art Plan.

ALWAYS IN MOTION
From its early days along the Transcontinental and Western Pacific Railroad, to its present-day VTA and BART services, Milpitas is always in motion. In the 1950s, Ford’s Milpitas plant was known for manufacturing the iconic Mustang, Falcon, and Maverick. Even the modern-day sport of hang gliding has roots in Milpitas: the first successful foot-launch of a hang glider happened over Santa Clara County’s Ed R. Levin County Park.

Today, Milpitas is within Silicon Valley and the Bay Area’s mass transit system, and the City’s stations feature works of public art that celebrate Milpitas’ diversity and natural beauty. The idea that Milpitas is always in motion could be articulated through a number of public art typologies, including a kinetic project (not unlike the always popular Kicker Kid at Cardoza Park), or a series of functional artworks. Such projects should take a nuanced approach to Milpitas’ history with progress, transportation, and motion, and offer neutral imagery and an abstract perspective that serves as a playful, unexpected conversation starter.

LI-sculp-Runners-2002
Bill Gould,
Green Tree
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A COMMON LANGUAGE
Diverse communities and cultures have shaped Milpitas for centuries, and it continues to be a place where all are welcome. Public art should inspire inclusivity, belonging, and representation, yet half of survey respondents indicated that the current public art collection does not achieve these goals.

Future public art should embrace themes of cross-cultural connection and shared values, but could also highlight the distinct contributions of ethnic and cultural groups to the community. As mentioned above, an artist-designed engraved or inlaid walking path spanning a walkable distance could feature welcoming words in multiple languages. A communitycentered project could include temporary photography displays in Milpitas’ parks featuring original artwork by neighborhood residents, showcasing traditions, places, and customs of the many backgrounds that comprise Milpitas’ rich cultural fabric. The City could also support annual light projections on City-owned buildings, featuring time-based artworks that represent stories, sensations, and experiences of Milpitas’ many communities.

Verse,
Ann Hamilton
Shadows of Meaning
Urban Rock Design, Dreiser
Urban Rock Design, Vortex

THE GATHERING HOUSE
The Gathering House is a proposed large-scale, permanent public art project for placement in one of Milpitas’ main parks or public spaces. This structure functions as a place for connection, sharing, safety, and shelter, and its open structure invites all into its space. Inspired by the legacy of housing integration in the Sunnyhills neighborhood, this project emphasizes shared experiences with neighbors and coming together across our shared needs and values. The potential for community impact through this project is high, as it responds to the community’s need for public art that fosters belonging, celebrates diversity, and honors Milpitas’ history through a nuanced, recontextualization of Sunnyhills’ revolutionary place in American history.

Urban Rock Design
Cloud House,
Matthew Mazzotta
Mili Romano with Studio Ciorra and Sabrina Torelli,
Light Path
I have a story to tell you…,
Pepón Osorio’s
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LAND OF SUNSHINE, FRUIT, AND FLOWERS
Milpitas is known for its fertile landscape and diverse plants and crops, but the City’s workforce and professional industries have expanded over time. Today, references to its agricultural history are present everywhere, including in its public art. Going beyond realistic representations of this legacy, Milpitas could embrace its identity as the land of sunshine, fruit, and flowers through whimsical, unexpected projects, such as larger-than-life acorn sculptures, fig leafinspired roadway enhancements, and a vibrant, graphic mural at Main and Serra displaying a cornucopia of Milpitas’ historic crops.

Other projects could take a more nuanced approach, including a subtle, artist-designed light installation responding to seasonal daylight cycles, or a series of mosaics that converge themes of development, childhood, and community.

Growth is at the heart of Milpitas’s identity and will continue to foster its future.

Erik and Israel Nordin, The Seed, (2017)
Sterling Heights, MI.

RE-site Chromatic Harvest Arvada Ridge Commuter
Rail Station, Arvada CO 2017
Matthew Mazzotta, Wrapped in Sunbeams, 2021,
LA, California
We Are Fairtrade, Isaac Tapia and Rodrigo Alvarez,
Lawrence, KS
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05 FIVE

STRATEGIC

RECOMMENDATIONS
PROGRAM + ADMINISTATIVE RECOMMENDATIONS

SUMMARY OF STRATEGIC RECOMMENDATIONS
Adrian Susnea-Litman,
Garden Fantasy

members of the above transportation
agencies’ art boards and decisionmaking groups.

4.2. Deepen collaboration with the
City’s Economic Development and
Planning departments to encourage
private developers to install public
artworks on their properties when
appropriate, and create literature to
support these efforts.

4.3. Work with local businesses to
explore mural easements through
the City’s existing mural program to
create opportunities for pedestrian
friendly-enhancements to transit
stations and crosswalks, which would
support public safety and traffic
calming goals.

4.3.1. Consider proposing a matching
grant that the City administers to
property owners who indicate interest
in placing murals on their property
within this designated area.

4.3.2. Collaborate with local
businesses on private installations,
and provide courtesy reviews of
installation proposals.

5. INCREASE ACCESSIBILITY TO THE
PUBLIC ART COLLECTION.

5.1. Consistent artwork signage,
possibly in multiple languages, is
needed across the City’s collection

1. POLICY UPDATES

1.1. Expand the Public Art
Program’s current policy to include
a Collection Management policy,
which includes processes for loaned
art, donations, maintenance, and
deaccession. The proposed policy
can be found on p. -.

1.2. Expand the Public Art
Program’s current policy to include
an Acquisition policy, which outlines
processes for purchasing existing
artwork and commission artwork
for addition to the collection. The
proposed policy can be found on p. _.

1.3. Formalize the duties and
responsibilities of a Public Art
Administrator, who may be a parttime staff or consultant position.

2. AUDIT CURRENT COLLECTION AND

EXPLORE APPROPRIATE MAINTENANCE

TREATMENTS

2.1. Consult updated Public
Art Policy document for updated
deaccession and maintenance
processes.

2.2. Determine which pieces, if any,
should be candidates for deaccession
by reviewing the Collection
Assessment report.

2.3. Explore annual cost of an
on-call Conservation Firm for
conservation consultation, treatment
services, preventative conservation
support, and creating an emergency
plan for the collection.

2.4. Develop a five-year
maintenance plan for the collection,
based on the Collection Assessment
report.

3. EXPAND PUBLIC ART FUNDING

3.1. Milpitas should increase its
public art assessment fees for private
development from one-half (.5)
percent to at least one and a half
(1.5%), if not greater to be in line with
surrounding communities and their
commitment to public art in private
development.

3.2. Milpitas should specify that the
private development in-lieu fee is an
amount equal to the assessed 1.5%

3.3. Specify definition of projects
that are eligible (public and private)

4. COLLABORATE WITH PUBLIC AND

PRIVATE ENTITIES

4.1. Strengthen partnerships with
VTA, BART, and CalTrans around
public art opportunities on their
properties and infrastructure. Discuss
partnerships for possible public art
projects on transit infrastructure,
including the Montague elevated
tracks, and the Calaveras Blvd.
medians.

4.4.1. Consider hosting a workshop
for Milpitas’ Arts Commission and
in order to establish the collection’s
identity and presence around
town. Signage should include the
following content: Title of work, artist
name, medium, year installed, artist
statement (If applicable). Interactive
QR codes or other contextual
strategy could be implemented at
each artwork to provide additional
information about each work in the
collection.

5.2. A published Public Art Field
Guide could elevate the City’s pride
in the collection. Updating the guide
and printing new editions would be
recommended every 5-10 years.

5.3. The Collection’s current online
presence could be enhanced with
an online public art map that could
double as a collection management
system for the collection. If this
option is pursued, the collection
should be professionally
photographed, as not all artworks
have been formally documented.

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CHAPTER 5
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The Plan specifically addresses recommendations for public art projects, themes, placement, and program strategies to ensure an expanded public art program that reflects Milpitas for generations to come. The following broadly summarizes the Plan’s approach to its strategic recommendations, based on community feedback about:
• Community-centric, Inclusive, and Accessible: Public art should resonate with the diverse community, especially younger demographics. The collection should be more accessible, which can be addressed through bilingual interpretive materials, contextualizing QR codes, and a Public Art Field Guide. The process of creating public art should involve residents in decision-making, from concept to installation. Additionally, the City should explore opportunities for Community Art-making, led by local artists. As outlined in the Recommendations above, these projects should be funded separately from the Public Art Fund. • Regional context: Among larger, regional cities (such as San Francisco and San Jose), Milpitas’ public art and cultural resources are well-sized to meet needs of the community, which supports a continued desire to emphasize community pride through Milpitas’ public art on a local scale. • Strategic placement: Art should be strategically placed to maximize its impact, such as in high-traffic areas and community gathering spaces to strengthen the bond between the community and public art. • Collaboration: A collaborative approach between City Departments (including Planning, Recreation & Community Services, and Economic Development) and the Community (developers, artists, neighborhood groups, etc.) is crucial for successful public art initiatives. The Public Art Program should also seek collaboration with businesses, schools, private entities, and cultural organizations to expand the reach of public art.
• Balancing Tradition and Innovation: Milpitas should strike a meaningful balance between traditional forms of expression and innovative mediums to engage a wider audience and stay relevant in Silicon Valley. The City is poised to be an example of how public art can support creative wellness within a STEM-centric community.
• Sustainable funding mechanisms: While the existing Percent for Art ordinance provides substantial funding support for public art acquisition in Milpitas, stakeholders expressed a desire for clear forms of support for long-term collection care and maintenance. The City should consider increasing the one-half percent developer fee to one and one-half percent, or greater.

SUMMARY OF STRATEGIC

RECOMMENDATIONS
Ryan Petersen,
Together We Are More
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SUMMARY OF STRATEGIC RECOMMENDATIONS
CHAPTER 5
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CHAPTER SIX

ACT CONSERVATION COLLECTION ASSESSMENT

ROTH ART GROUP COLLECTION APPRAISAL REPORT

PERCENT FOR ART CASE STUDIES

PERCENT FOR ART ORDINANCE RECOMMENDED DRAFT UPDATES

PUBLIC ART POLICY RECOMMENDED DRAFT UPDATES

APPENDIX
Laurel True,
Starscape Bench

Fine Art Conservation
ACT Art Conservation
7489ٮ634ٮ415
San Mateo, Calif
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2. NRYePbeU 12, 2024

Fine Art Conservation
ACT Art Conservation
7489ٮ634ٮ415
San Mateo, Calif
studio۬actartconservationِcom
wwwِactartconservationِcom
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Sincerel\,
Eȅilɵ Reɿeɀ
SeȇiȒȸ ObjecɎɀ CȒȇɀeȸɮaɎȒȸ
ACT AȸɎ CȒȇɀeȸɮaɎiȒȇ LLC
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mily%u,ezes

ACT Art Conservation, LLC
Fine art conservation of paintings, objects and works on paper 1033 S. Claremont St, San Mateo, CA 94402
Phone: 415.634.7489
E-Mail: [email protected] Web: www.actartconservation.com Client Name Anna Talarico
Designing Local
20 E Broad St. suite 1010,
Columbus, OH 43215
Total Estimate Minimum: $176,350
Total Estimate Maximum: $254,000
Amount Due
Additional Expenses:

Estimated Materials: $18,200
Materials Include: equipment rentals and
specialized treatment materials
Object Condition / Treatment Proposal Conservation Estimate 2024-172-1
Overall soil and dust accumulation
Organic debris
Bird droppings
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Minimum: $1,000
Maximum: $1,500
Condition
Proposed Treatment :

Estimated Materials: $150
James Dinh
Circle of Time
2024
Granite, concrete, paint
Minimum Maintenance: $1,000
Maximum Maintenance: $1,500
Standard Annual
Maintenance Estimates:

Location: Jose Higuera Park
Act Art Conservation, LLC Page No. 1

Object Condition / Treatment Proposal Conservation Estimate 2024-172-2
Overall soil and dust accumulation
Organic debris
Cobwebs
Blue/green copper corrosion
Copper corrosion due to prolonged contact with water
Orange ferrous corrosion found in discrete point around the chin of the figure, likely from and internal steel armature
Bird droppings and associated copper corrosion
Mineral deposits
Wax wear and loss
Bronze appears “dry” due to wax loss
Minor patina loss in green clothing with brown patina exposed underneath
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Patina integration using appropriate methods and materials Hot wax application
Cold wax application
Minimum: $5,400
Maximum: $6,800
Condition
Proposed Treatment
:

Estimated Materials: $300
Carla Moss
Flute Player
NA
Minimum Maintenance: $3,400
Maximum Maintenance: $5,100
Standard Annual
Maintenance Estimates:

Location: Civic Center Plaza
Act Art Conservation, LLC Page No. 2

Object Condition / Treatment Proposal Conservation Estimate 2024-172-3
Overall soil and dust accumulation
Organic debris
Cobwebs
Blue/green copper corrosion
Copper corrosion due to liquid deposit on bench seat
Coating deterioration
Blistered and delaminated coating, appearing as white bubbles concentrated in the bronze that is textured to appear like tree bark on both the tree and the bench
Bronze appears “dry”
Areas of paint loss, concentrated in the gold painted frames that surround the cameos.

Bird droppings and associated corrosion
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Solubility testing was completed on the coating, resulting in minimal solubility in Acetone, Ethanol, and Mineral Spirits. This suggests that the coating has cross-linked, reducing its solubility. Further testing would be completed to determine the best removal method on the day of treatment Reduction of deteriorated coating using appropriate chemical and/or mechanical methods
Patina integration using appropriate methods and materials Cold wax application
*Consultation of historic images and communication with artist to determine if the areas of paint loss should be inpainted.

Minimum: $6,800
Maximum: $10,200
Condition
Proposed Treatment
:

Estimated Materials: $500
MaryAnn Baker
Cameo Bench
2009
Bronze, exterior grade acrylic
Minimum Maintenance: $3,400
Maximum Maintenance: $3,400
Standard Annual
Maintenance Estimates:

Location: Barbara Lee Senior Center
Act Art Conservation, LLC Page No. 3

Object Condition / Treatment Proposal Conservation Estimate 2024-172-4
Overall soil and dust accumulation
Organic debris
Cobwebs
Copper corrosion due to prolonged contact with water around the feet of the bench
Copper corrosion due to liquid deposit and run-off
Bird droppings and associated corrosion
Areas of coating loss
Bronze appears “dry”
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Reduction of deteriorated coating using appropriate chemical and/or mechanical methods
Cold wax application
Minimum: $3,400
Maximum: $6,800
Condition
Proposed Treatment
:

Estimated Materials: $500
MaryAnn Baker
Happy Hats Bench
2009
Bronze, exterior grade acrylic paint
Minimum Maintenance: $1,700
Maximum Maintenance: $3,400
Standard Annual
Maintenance Estimates:

Location: Senior Center Patio
2024-172-5
Overall soil and dust accumulation
Organic debris
Cobwebs
Copper corrosion and minor mineral deposits on the back of the bench due to water runoff
Copper corrosion due to liquid deposit on the seat of the bench Significant blue/green copper corrosion due to prolonged contact with water around the feet. The bench is bolted to the concrete, increasing water retention at the interface between the bronze and the concrete Bird droppings and associated corrosion
Minor cracking the the paint film found in the tight curves in the flowers and leaves
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Reduction of deteriorated coating using appropriate chemical and/or mechanical methods
Cold wax application
Minimum: $3,400
Maximum: $6,800
Condition
Proposed Treatment
:

Estimated Materials: $500
MaryAnn Baker
Tulips Bench
2009
Bronze, exterior grade acrylic paint
Minimum Maintenance: $1,700
Maximum Maintenance: $3,400
Standard Annual
Maintenance Estimates:

Location: Senior Center Patio
Act Art Conservation, LLC Page No. 4

Object Condition / Treatment Proposal Conservation Estimate 2024-172-6
Overall soil and dust accumulation
Organic debris
Cobwebs
Several feet are partially embedded in the the grass and soil Bright blue/green copper corrosion on the feet due to prolonged contact with water, soil and grass
Salt efflorescence on the legs of the bench due to water and salt migration up from the soil
Combination of copper corrosion and salts could lead to the development of bronze disease if left untreated
Copper corrosion due to prolonged contact with water on the seat of the bench
Bird droppings
Cracking in paint, concentrated in tight curves
Fading of paint film
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Treatment of bronze disease using appropriate methods and materials Consolidation and stabilization of paint
Cold wax application
*Recommend that the bench be moved or that a new concrete pad be poured in the current location to eliminate contact between the bench and the soil
Minimum: $6,800
Maximum: $10,200
Condition
Proposed Treatment
:

Estimated Materials: $500
MaryAnn Baker
Let's Dance Bench
2009
Bronze, exterior grade acrylic paint
Minimum Maintenance: $1,700
Maximum Maintenance: $3,400
Standard Annual
Maintenance Estimates:

Location: Cesar Chavez Plaza, Barbara
Lee Senior Center
Act Art Conservation, LLC Page No. 5

Object Condition / Treatment Proposal Conservation Estimate 2024-172-7
Overall soil and dust accumulation
Organic debris
Coating deterioration
Blistered and delaminated coating
Areas of coating loss
Areas where the coating was never applied ("Holidays") where brushstrokes in the coating are visible next to bare and dry looking bronze
Areas of preferential copper corrosion due to the difference in exposure to the elements between coated and uncoated areas
Bird droppings
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Reduction of deteriorated coating using appropriate chemical and/or mechanical methods
Solubility testing was completed on the coating resulting in minimal solubility in acetone, ethanol and mineral spirits. This suggests that the coating has cross-linked, reducing its solubility. Further testing would be completed to determine the best removal method on the day of treatment Cold wax application or application of acrylic coating depending on the results of the coating removal
Minimum: $6,800
Maximum: $10,200
Condition
Proposed Treatment
:

Estimated Materials: $300
MaryAnn Baker
Veterans Memorial Bench
NA
Bronze, exterior grade acrylic
coating
Minimum Maintenance: $1,700
Maximum Maintenance: $3,400
Standard Annual
Maintenance Estimates:

Location: Civic Center Plaza
Act Art Conservation, LLC Page No. 6

Object Condition / Treatment Proposal Conservation Estimate 2024-172-8
Overall soil and dust accumulation concentrated on horizontal surfaces Minor scuffs and scratches in the clear coat
Photodocument before, during and after treatment
Surface vacuum with HEPA vacuum; recto, verso
Surface clean with dry eraser method / soot sponge / soft cloth Polish with appropriate methods to reduce scuffs and scratches Minimum: $2,000
Maximum: $4,000
Condition
Proposed Treatment :

Estimated Materials: $200
Adrian Susnea-Litman
Four Seasons
2010
Sheet metal, metal wire, paint, clear
coat
Minimum Maintenance: $1,000
Maximum Maintenance: $2,000
Standard Annual
Maintenance Estimates:

Location: Hallway wall, Barbara Lee
Senior Center
Act Art Conservation, LLC Page No. 7

Object Condition / Treatment Proposal Conservation Estimate 2024-172-9
Overall soil and dust accumulation
Thin layer of grime overall
Minor losses in some of the tiles
Photodocument before, during and after treatment
Surface vacuum with HEPA vacuum; recto, verso
Overall surface cleaning with appropriate methods and materials Fill and inpaint small losses
Minimum: $2,000
Maximum: $4,000
Condition
Proposed Treatment :

Estimated Materials: $200
Adrian Susnea-Litman
Garden Fantasy
2010
Tile, mortar, grout, paint
Minimum Maintenance: $2,000
Maximum Maintenance: $4,000
Standard Annual
Maintenance Estimates:

Location: Lobby, Barbara Lee Senior
Center
Act Art Conservation, LLC Page No. 8

Object Condition / Treatment Proposal Conservation Estimate 2024-172-10
Overall soil and dust accumulation
Scratches / abrasions in the acrylic glazing
Photodocument before, during and after treatment
Surface vacuum with HEPA vacuum; recto, verso
Surface clean with dry eraser method / soot sponge / soft cloth ---
Photodocument
Have the piece reframed if the scuffs are a concern
Minimum: $750
Maximum: $1,000
Condition
Proposed Treatment
:

Estimated Materials: $100
Joanie Popeo
Our View
2021
Acrylic?
Minimum Maintenance: $250
Maximum Maintenance: $250
Standard Annual
Maintenance Estimates:

Location: Barbara Lee Senior Center
Act Art Conservation, LLC Page No. 9

Object Condition / Treatment Proposal Conservation Estimate 2024-172-11
Overall soil and dust accumulation
Photodocument before, during and after treatment
Surface vacuum with HEPA vacuum; recto, verso
Surface clean with dry eraser method / soot sponge / soft cloth Aqueous clean with appropriate methods and materials
Treatment requires a lift rental
Minimum: $6,000
Maximum: $9,000
Condition
Proposed Treatment :

Estimated Materials: $1,500
Adrian Susnea-Litman
Thriving Legacy
2011
Acrylic mural
Minimum Maintenance: $4,000
Maximum Maintenance: $8,000
Standard Annual
Maintenance Estimates:

Location: Barbara Lee Senior Center
Act Art Conservation, LLC Page No. 10

Object Condition / Treatment Proposal Conservation Estimate 2024-172-12
Overall soil and dust accumulation
Organic debris, heavy pine needle and leaf deposit on bronze base from nearby tree
Cobwebs
Bird droppings and associated corrosion
Wax deterioration
Wax wear and loss
Blue/green copper corrosion
Rising damp with associated minerals, salts and blue/green copper corrosion found along the bottom 1/3 of the bronze base Possible salt efflorescence/mineral deposits from rising damp/water retention at the interface between the bronze and concrete base Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Reduction of mineral deposits/salts using appropriate methods and materials
Hot wax application
Cold wax application
Treatment requires a lift rental
Minimum: $10,200
Maximum: $13,600
Condition
Proposed Treatment
:

Estimated Materials: $2,000
David Alan Clark
David Alan Clark
2014
Bronze
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:

Location: Milpitas City Hall
Act Art Conservation, LLC Page No. 11

Object Condition / Treatment Proposal Conservation Estimate 2024-172-13
Overall soil and dust accumulation
Organic debris - concentrated in pockets between the sheet metal and on the roof of the bus stop
Cobwebs
Bird droppings
Coating deterioration - coating is cloudy and soft, no longer bound to the paint even in areas with no blistering
Blistered and delaminated coating - the coating is easily removed with minimal mechanical action
Areas of coating loss
Color shifting in paint - likely due in large part to deterioration of the clear coat
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Reduction of deteriorated coating using appropriate mechanical methods - testing shows that mechanical reduction readily removes the coating and does not damage the underlying paint layer
Minimum: $3,200
Maximum: $6,800
Condition
Proposed Treatment
:

Estimated Materials: $200
Adrian Susnea-Litman
Birds of Paradise
2011
Sheet metal, acrylic paint, clear coat
Minimum Maintenance: $3,200
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:

Location: Main & Great Mall Parkway
Bust Stop Roof
Act Art Conservation, LLC Page No. 12

Object Condition / Treatment Proposal Conservation Estimate 2024-172-14
Overall soil and dust accumulation
Organic debris
Biogrowth
Graffiti
Many tiles are cracked and chipped, several appear crushes with small fragments in the crushed area
7 clusters of missing round tiles including: red, orange, teal, purple Several areas of missing glass/mirrored tiles
Large round tiles are 1.5" in diameter
Small round tiles are 0.75" in diameter
Rectangular glass tiles are 2.5-3" long
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Remove graffiti
Reduction of biogrowth using appropriate methods and materials Source tiles
Replace missing tiles using appropriate methods and materials Stabilize any cracks in the grout using appropriate methods and materials
Minimum: $8,500
Maximum: $11,900
Condition
Proposed Treatment
:

Estimated Materials: $500
Laurel True
Starscape Bench
2005 (2007?)
glass tile, ceramic tile, grout,
mortar, concrete, steel frame and
foam, fiberglass mesh
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:

Location: Starlite Park
Act Art Conservation, LLC Page No. 13

Object Condition / Treatment Proposal Conservation Estimate 2024-172-15
Overall soil and dust accumulation
Organic debris and cobwebs, concentrated in recess
Multiple linear cracks in the concrete panels - the different elements feel stable
There is a crack in the wrist of the large mountain lion. The paw feels stable but if the crack grows, the paw could become detached Chips and small losses in both the tile and concrete elements. An ear is missing from a small mountain lion, revealing the original gray color of the concrete substrate. There is a chip missing from near the hind legs of a deer.

Biogrowth
Bird droppings
Streaking due to water runoff, bird droppings and soil accumulation Mineral deposits and efflorescence due to water retention and evaporation points in concrete
The silicone caulk is pulling away from the concrete is several areas and should be monitored
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Reduction of biogrowth using appropriate methods and materials Consolidate and stabilize cracks with injection grout
Fill and inpaint any large cracks, chips and losses in the concrete and tiles with appropriate methods and materials
Refabricate the missing ear from the mountain lion
Inpaint areas of worn and missing mineral paint/colored finish using appropriate methods and materials
Minimum: $8,500
Maximum: $10,200
Condition
Proposed Treatment
:

Estimated Materials: $300
Scott Donahue
Watching You
2015
concrete, mineral paints/colored
surface treatment, ceramic ties,
fiberglass mesh, steel, plastic,
silicone caulk
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:

Location: Rathbone Park
Act Art Conservation, LLC Page No. 14

Object Condition / Treatment Proposal Conservation Estimate 2024-172-16
Overall soil and dust accumulation
Organic debris
Large and heavily soiled cobwebs cover most of the hanging elements The mild steel components are corroded
The coiled round bar and balls are covered in a dark orange brown layer of ferrous corrosion
There are bird droppings with associated bright orange and yellow ferrous corrosion
The mild steel wires are corroded all the way through and as a result they are very brittle. Approximately 12 connection points between the wire and coiled bar have broken. The corrosion could be exacerbated by the galvanic reaction between the mild steel and stainless steel wires.

The hanging elements are suspended on stainless steel wires which are in good condition
The plastic recycled elements are yellowed, cloudy and brittle with small losses
Some of the glass components are chipped
Approximately 10 of the hanging elements are tangled. Some are horizontal, stuck on several other hanging elements
Approximately 2 hanging elements have fallen off of the sculpture. One is hung on the trunk of the tree
The level of instability in the upper mild steel wires requires attention soon. The brittle wires combined with the flexibility of the sculpture could easily lead to significant losses of the hanging elements in the near future. There is a concern for public safety if the heavier elements fall Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods on the orange ferrous corrosion associated with bird droppings Restringing in parallel to mild steel wire with a plastic coated wire, following the same zig-zag pattern and threading through the loops of the hanging elements. The plastic coating on the new wire would match the brown color of the mild steel and both would be left in-situ. The intent of the new wire would be to catch the hanging elements as the mild steel wire fails. There is no way to stabilize and reinforce the original mild steel wire that would prevent this eventual structural failure.

Minimum: $24,800
Maximum: $30,600
Condition
Proposed Treatment
:

Estimated Materials: $2,500
Bill Gould
Green Tree
2010
Mild steel, mild steel wire, stainless
steel wire, wire crimps, recycled
materials
Minimum Maintenance: $10,200
Maximum Maintenance: $13,600
Standard Annual
Maintenance Estimates:

Location: Pinewood Park
Act Art Conservation, LLC Page No. 15

Object Condition / Treatment Proposal Conservation Estimate Treatment requires a lift rental.
2024-172-17
Overall soil and dust accumulation
Organic debris
Cobwebs
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Treatment requires a lift rental
Minimum: $3,400
Maximum: $6,800
Condition
Proposed Treatment :

Estimated Materials: $1,500
Niles Palmer
Baseball Figures
2000?
Painted Metal
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:

Location: Milpitas Sports Center,
Baseball Field backdrop
Act Art Conservation, LLC Page No. 16

Object Condition / Treatment Proposal Conservation Estimate 2024-172-18
Overall soil and dust accumulation
Organic debris
Cobwebs
Copper corrosion due to prolonged contact with water, especially seen around the hands of the figures which are in contact with the concrete bases
Bird droppings and associated corrosion
Mineral deposits from nearby sprinklers
On 10/28/24 ACT Art was informed by the city that figure with the pink shirt and socks was vandalized and knocked over, breaking the pin that attached the proper left hand to the concrete base. When the sculpture was assessed, it was determined that the figure with the pink shirt and the figure in the tan shirt shift slightly on their pins when pressure is applied. There was no indication however that the pins were broken or that there was imminent danger of structural failure.

We recommend that the pins/mounting mechanisms be reinforced Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Reduction of mineral deposits using appropriate chemical and/or mechanical methods
Hot wax application
Cold wax application
Minimum: $6,800
Maximum: $10,200
Condition
Proposed Treatment
:

Estimated Materials: $200
Carla Moss
Cartwheels
2004
Bronze
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:

Location: Milpitas Library
Act Art Conservation, LLC Page No. 17

Object Condition / Treatment Proposal Conservation Estimate 2024-172-19
Overall soil, grime and dust accumulation
Fingerprints - likely from initial installation that have accumulated more dust than surrounding surfaces
Cobwebs
One element appears to be missing with only the strand of mono filament remaining
Photodocument before, during and after treatment
Surface vacuum with HEPA vacuum; recto, verso
Overall surface cleaning with appropriate methods and materials Treatment requires a lift rental
Minimum: $3,400
Maximum: $6,800
Condition
Proposed Treatment
:

Estimated Materials: $1,500
Cork Marcheschi
Fertile Ground
2008
Plastic, dichroic glass, mono
filament
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:

Location: Milpitas Library
Act Art Conservation, LLC Page No. 18

Object Condition / Treatment Proposal Conservation Estimate 2024-172-20
Overall soil and dust accumulation
Organic debris
Cobwebs
Biogrowth concentrated in the grout
Ferrous corrosion on the painted steel peak, sphere and ribbon with open worked letters
Pitting
Blistered and delaminated paint
Cracking in paint
Areas of paint loss
Approximately 30 cracks in the ceramic tiles
Approximately 4 missing tiles - 4" curved edge and corner black tiles Approximately 2 chipped tiles that expose the ceramic substrate Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Removal of deteriorated paint using appropriate chemical and/or mechanical methods
Corrosion reduction using appropriate chemical and/or mechanical methods
Corrosion conversion to reduce the development of ferrous corrosion Application of black and white direct to metal paint systems to the treated steel
Reduction of biogrowth using appropriate methods and materials Stabilization of cracks in grout and tile using injection grout Source tiles
Remove chipped tiles
Replace all missing tiles
Minimum: $8,500
Maximum: $11,900
Condition
Proposed Treatment
:

Estimated Materials: $400
Shannon Moore-Jervis, Marcia
Smith
Hand in Hand Around the Park
2004
Ceramic tile, mortar, grout, steel
sheet metal, paint
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:

Location: Hillcrest Park
Act Art Conservation, LLC Page No. 19

Object Condition / Treatment Proposal Conservation Estimate 2024-172-21
The kinetic sculpture does still move. There is some wear on the aluminum rod that suspends the soccer ball due to repeated sliding against the inverted arch
Overall soil and dust accumulation
Organic debris
Cobwebs
The clear coat found on the socks, shoes, shorts, circles in the bicycle wheel and on the unpainted aluminum is deteriorated:

Blistered and delaminated coating
Areas of coating loss
The gold paint is deteriorated:

Blistered and delaminated paint
Cracking in paint
Areas of paint loss
It does not appear that the underlying red paint was prepped, causing the gold paint to crack, blister and peel
The red paint on the shorts and shoes is faded, likely due to UV exposure through the clear coat. The areas of red paint that were protected by the overlaid gold paint are much more vibrant and saturated The gold paint and clear coat on the circles in the bicycle wheel is deteriorated:

The gold paint and the clear coat appear to be incompatible. The clear coat fused to the paint layer but shrunk and discolored over time. The clear coat is insoluble and the exposed gold paint is readily soluble in most solvents
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Reduction of deteriorated clear coat using appropriate chemical and/or mechanical methods
Removal of peeling gold paint from the legs and reapplication of gold paint after proper surface prep of the underlying red paint Removal of gold paint and cross-linked clear coat on the circles.

Reapplication of gold paint after proper surface prep of the underlying sheet metal
Cold wax application where necessary
Minimum: $10,200
Maximum: $13,600
Condition
Proposed Treatment
:

Estimated Materials: $2,500
Joe Bologna, Patricia Vader
Joe Bologna, Patricia Vader
2015
Aluminum, steel, paint, clear coat
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:

Location: Cardoza Park
Act Art Conservation, LLC Page No. 20

Object Condition / Treatment Proposal Conservation Estimate Treatment requires a lift rental
2024-172-22
Overall soil and dust accumulation
Ferrous corrosion on all elements
Pitting concentrated near seams and the ground on the tower elements.

This is likely due to water ingress and retention where steel panels come together and where the steel meets the concrete bases
Blistered and delaminated paint associated with the voluminous ferrous corrosion
Paw prints suggest wildlife interaction that could be exacerbating corrosion and paint loss
The landscaping around the sculptures was soaked during the assessment, suggesting a high moisture level in the steel being maintained by nearby sprinklers
Bird droppings
Photodocument before, during and after treatment
Deinstall top elements to provide access to the inside of the steel towers and allow the tops to be treated in the studio
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Corrosion conversion to reduce the development of ferrous corrosion Backing, filling, resurfacing, and inpainting areas of loss in the steel Filling and inpainting areas of paint loss on the top elements The sprinklers should be relocated away from the artworks. Consider removing all landscaping/plants that require regular watering from the area
The other option is to clean and repair the artworks as much as possible in situ. Without access to the inside of the towers, some of the patches in the steel sheet will not be as robust, however this could option could be a good intermediate choice. A lift would have to be rented in this scenario, increasing the estimated materials cost by $1500-$2500.

Minimum: $18,700
Maximum: $25,500
Condition
Proposed Treatment
:

Estimated Materials: $1,000
Vickie Jo Sowell
Legends of Milpitas
2003
Painted steel
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:

Location: Murphy Park
Act Art Conservation, LLC Page No. 21

Object Condition / Treatment Proposal Conservation Estimate 2024-172-23
Overall soil and dust accumulation
Organic debris
Graffiti
Ferrous corrosion spots on some of the steel elements
Tea staining (overall thin layer of ferrous corrosion) found on some of the steel elements
Ferrous corrosion staining on the adjacent cement in some areas Minor cracks, chips and losses in the cement
Minor abrasions in the dial
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Stain removal from the cement using appropriate methods and materials Graffiti removal
Minimum: $3,400
Maximum: $6,800
Condition
Proposed Treatment
:

Estimated Materials: $200
Dan Snyder
The Sundial
2002
Cement, stainless steel
Minimum Maintenance: $2,000
Maximum Maintenance: $3,400
Standard Annual
Maintenance Estimates:

Location: Sunnyhills Albert Augustine Jr.

Memorial Park
Act Art Conservation, LLC Page No. 22

Object Condition / Treatment Proposal Conservation Estimate 2024-172-24
Overall soil and dust accumulation
Organic debris
Cobwebs
Areas of paint loss on the painted metal frame
Cracking in paint
Cracks, chips and losses on 3 plexiglass panels
Most of the panels are warped to varied degrees of severity Significant fading and color shifting on the printed panels Biogrowth on the shingles
Approximately 20 black pebbles are missing. Pebbles range in size from 1 - 2"
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Reduction of biogrowth using appropriate methods and materials Touch-in any missing black paint
Replace the three damaged plexiglass panels
Have the discolored printed panels reprinted and installed Source black pebbles
Replace the missing black pebbles
Minimum: $5,000
Maximum: $6,000
Condition
Proposed Treatment
:

Estimated Materials: $200
Carla Moss
Little Alviso Water Tower
2012
Acrylic panels (likely Plexiglass),
printed images, paint, painted steel,
roof shingles, pebbles, grout,
fiberglass mesh, concrete
Minimum Maintenance: $2,000
Maximum Maintenance: $3,400
Standard Annual
Maintenance Estimates:

Location: Alviso Adobe Park
Act Art Conservation, LLC Page No. 23

Object Condition / Treatment Proposal Conservation Estimate 2024-172-25
Overall soil and dust accumulation
Organic debris
Cobwebs
Liquid deposits and staining, likely from surrounding trees Blue/green copper corrosion
Significant fading and wear on the paint overall. Brown top coat appears to be missing from much of the wagon, revealing the underlying green layer
Evidence of pest activity including hollow boards, tunneling, holes and large losses in some boards
Three of the wheels are partially sunk into the mulch
There are holes in the ground surrounding the concrete pad, likely from rodent activity
The concrete pad is partially sunken into the mulch in some areas One steel railing on the proper right side of the platform is loose Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Cold wax application to metal components
Fill loss in wood platform with appropriate materials
Inpaint fills
Realign and secure the unstable railing
Lift the wagon and place stone or concrete pavers under each of the wheels and at the end of the tow bar
After thorough cleaning, assess full extent of paint loss and consider future plans to repaint or inpaint and clear coat or inpaint and wax Minimum: $5,400
Maximum: $6,800
Condition
Proposed Treatment
:

Estimated Materials: $300
Adrian Susnea-Litman
Old Farm Wagon
2012
wood, steel, copper sheeting, paint
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:

Location: Alviso Adobe Park
Act Art Conservation, LLC Page No. 24

Object Condition / Treatment Proposal Conservation Estimate 2024-172-26
Overall soil and dust accumulation
Abrasions and losses to the paint, likely due to movement from site to site and from people walking by.

Fly spots/insect droppings
Photodocument before, during and after treatment
Surface vacuum with HEPA vacuum; recto, verso
Surface clean with dry eraser method / soot sponge / soft cloth Surface clean with AC3%
Inpaint areas of paint loss
*We recommend putting Plexiglas in front of each of the painting to prevent future scratches and abrasions
Minimum: $12,000
Maximum: $16,000
Condition
Proposed Treatment
:

Estimated Materials: $150
Debbie Koppman
Welcome to Milpitas
2021
Acrylic on panel, aluminum
stands/frames
Minimum Maintenance: $8,000
Maximum Maintenance: $12,000
Standard Annual
Maintenance Estimates:

Location: Portable
Total Estimate Minimum $176,350
Total Estimate Maximum $254,000

AUTHORIZATION
The undersigned authorizes Alexandra Thrapp and her studio (hereinafter collectively referred to as "The Studio") to proceed with proposed minimum treatment of the object identified above (hereinafter referred to as 'the object" as described in this report, subject to the conditions listed in the terms and conditions.

AUTHORIZED BY:

DATE:

Please sign and date above and initial and date below
Additional Expenses:

Estimated Materials: $18,200
Estimate Annual Maintenance
Minimum $81,250
Maximum $145,050
Estimated Materials: $18,200
Act Art Conservation, LLC Page No. 25

Job Number ReportDate Client Name
Treatment
Work
Job Status ObjectArtist Title Hours
Treatment
Minimum
Maximum
Materials
Location
Maintenance
Minimum
Maximum
Maintenance
Work
Hours
2024-172-1 1 10/29/2024 Anna Talarico James Dinh Circle of Time $1,000 $1,500
4 - 6 $150 Jose Higuera Park $1,000
$1,500
4 - 6
2024-172-2 1 10/29/2024 Anna Talarico Carla Moss Flute Player $5,400 $6,800
Civic Center Plaza 24 - 32 $3,400 $300
$5,100
16 - 24
2024-172-3 1 10/29/2024 Anna Talarico MaryAnn Baker Cameo Bench $6,800 $10,200
Barbara Lee Senior Center 32 - 48 $3,400 $500
$3,400
16 - 16
2024-172-4 1 10/29/2024 Anna Talarico MaryAnn Baker Happy Hats Bench $3,400 $6,800
Senior Center Patio 16 - 32 $1,700 $500
$3,400
8 - 16
2024-172-5 1 10/29/2024 Anna Talarico MaryAnn Baker Tulips Bench $3,400 $6,800
Senior Center Patio 16 - 32 $1,700 $500
$3,400
8 - 16
2024-172-6 1 10/30/2024 Anna Talarico MaryAnn Baker Let's Dance Bench $6,800 $10,200
Cesar Chavez Plaza, Barbara Lee 32 - 48 $500
Senior Center
$1,700
$3,400
8 - 16
2024-172-7 1 10/30/2024 Anna Talarico MaryAnn Baker Veterans Memorial Bench $6,800 $10,200
Civic Center Plaza 32 - 48 $1,700 $300
$3,400
8 - 16
2024-172-8 1 10/30/2024 Anna Talarico Adrian Susnea-Litman Four Seasons $2,000 $4,000
Hallway wall, Barbara Lee Senior 8 - 16 $200
Center
$1,000
$2,000
4 - 8
2024-172-9 1 10/30/2024 Anna Talarico Adrian Susnea-Litman Garden Fantasy $2,000 $4,000
8 - 16 $200 Lobby, Barbara Lee Senior Center $2,000
$4,000
8 - 16
2024-172-10 1 10/30/2024 Anna Talarico Joanie Popeo Our View $750 $1,000
Barbara Lee Senior Center 3 - 4 $250 $100
$250
1 - 1
2024-172-11 1 10/30/2024 Anna Talarico Adrian Susnea-Litman Thriving Legacy $6,000 $9,000
Barbara Lee Senior Center 24 - 36 $4,000 $1,500
$8,000
16 - 32
2024-172-12 1 10/30/2024 Anna Talarico David Alan Clark Minute Man $10,200 $13,600
Milpitas City Hall 48 - 64 $3,400 $2,000
$6,800
16 - 32
2024-172-13 1 10/30/2024 Anna Talarico Adrian Susnea-Litman Birds of Paradise $3,200 $6,800
Main & Great Mall Parkway Bust Stop 16 - 32 $200
Roof
$3,200
$6,800
16 - 32
2024-172-14 1 10/30/2024 Anna Talarico Laurel True Starscape Bench $8,500 $11,900
Starlite Park 40 - 56 $3,400 $500
$6,800
16 - 32
2024-172-15 1 10/30/2024 Anna Talarico Scott Donahue Watching You $8,500 $10,200
Rathbone Park 40 - 48 $3,400 $300
$6,800
16 - 32
2024-172-16 1 10/30/2024 Anna Talarico Bill Gould Green Tree $24,800 $30,600
Pinewood Park ? - 144 $10,200 $2,500
$13,600
48 - 64
2024-172-17 1 10/30/2024 Anna Talarico Niles Palmer Baseball Figures $3,400 $6,800
Milpitas Sports Center, Baseball Field 16 - 32 $1,500
backdrop
$3,400
$6,800
16 - 32
2024-172-18 1 10/30/2024 Anna Talarico Carla Moss Cartwheels $6,800 $10,200
Milpitas Library 32 - 48 $3,400 $200
$6,800
16 - 32

Job Number ReportDate Client Name
Treatment
Work
Job Status ObjectArtist Title Hours
Treatment
Minimum
Maximum
Materials
Location
Maintenance
Minimum
Maximum
Maintenance
Work
Hours
2024-172-19 1 10/31/2024 Anna Talarico Cork Marcheschi Fertile Ground $3,400 $6,800
Milpitas Library 16 - 32 $3,400 $1,500
$6,800
16 - 32
2024-172-20 10/31/2024 Anna Talarico Shannon Moore-Jervis, Marcia Smith 1 Hand in Hand Around the Park $8,500
$11,900
Hillcrest Park 40 - 56 $3,400 $400
$6,800
16 - 32
2024-172-21 1 10/31/2024 Anna Talarico Joe Bologna, Patricia Vader Kicker Kid $10,200 $13,600
Cardoza Park 48 - 64 $3,400 $2,500
$6,800
16 - 32
2024-172-22 1 10/31/2024 Anna Talarico Vickie Jo Sowell Legends of Milpitas $18,700 $25,500
Murphy Park 88 - 120 $3,400 $3,000
$6,800
16 - 32
2024-172-23 1 10/31/2024 Anna Talarico Dan Snyder The Sundial $3,400 $6,800
Sunnyhills Albert Augustine Jr. 16 - 32 $200
Memorial Park
$2,000
$3,400
8 - 16
2024-172-24 1 10/31/2024 Anna Talarico Carla Moss Little Alviso Water Tower $5,000 $6,000
Alviso Adobe Park 20 - 24 $2,000 $200
$3,400
8 - 16
2024-172-25 1 10/31/2024 Anna Talarico Adrian Susnea-Litman Old Farm Wagon $5,400 $6,800
Alviso Adobe Park 24 - 32 $3,400 $150
$6,800
16 - 32
2024-172-26 1 10/31/2024 Anna Talarico Debbie Koppman Welcome to Milpitas $12,000 $16,000
Portable 48 - 64 $8,000 $150
$12,000
32 - 48

Fine Art Conservation
ACT Art Conservation
415-634-7489
San Mateo, Calif
[email protected]
www.actartconservation.com
Anna Talarico
Designing Local
20 E Broad St. suite 1010,
Columbus, OH 43215
Dear Anna,
The following table ranks the 26 artworks in the Public Art Collection of the City of Milpitas.

Each artwork is given a number from 1 through 26, with 1 being the highest priority and 26 being the least.

Each artwork is also placed in one of four categories: Public Safety Concern, Active Structural Condition Issue, Active Condition Issue, Requires Maintenance. Below are the definitions of each of these categories.

Public Safety Concern:

These artworks pose a potential threat to public safety due to their condition issues. These threats include the potential for falling elements as well as sharp and broken components in areas where the public is intended to interact with a piece.

Active Structural Condition Issue:

These artworks have actively developing condition issues that are already compromising the structural integrity of the artwork.

Active Condition Issue:

These artworks have active condition issues that will continue to develop without intervention.

Requires Maintenance:

These artworks are in stable condition but are soiled or have minor damages that should be treated in order to reduce the risk of more severe condition issues due to weather and/or interaction with the public.

Sincerely,
December 12, 2024
Emily Rezes
Senior Objects Conservator
ACT Art Conservation LLC
[email protected]
EmilyK.Rezes

Primary Image Condition
Priority #
Priority Level Priority Rationale JobNum ObjectArtist Title Materials Cost Estimate
Estimate
Min Hrs
Estimate
Max Hrs
Min
Estimate
Max
Estimate
Projected
Maintenance
Min Hrs
Projected
Maintenance
Max Hrs
Min
Maintenance
Max
Maintenance
Location
1 Public safety concern for falling glass elements; Signs of active deterioration with broken, fallen and missing elements; High traffic area in a park ie. people picnicing nearyby during assessment
2024-172-16 Bill Gould Green Tree $2,500.00 112 144 $24,800.00 $30,600.00 48 64 $10,200.00 $13,600.00 Pinewood Park 2 Public safety concern for stability of heavy bronze sculptures on their mounts; Recent vandalism shows how they can be
damaged by human force; High traffic area in front of the library; Copper corrosion due to prolonged exposure to water on the ground; Untreated corrosion can lead to structural instability 2024-172-18 Carla Moss Cartwheels $200.00 32 48 $6,800.00 $10,200.00 16 32 $3,400.00 $6,800.00 Milpitas Library 3 Public safety concern of sharp broken tiles and exposed concrete and substructure on the seat of the bench; Tile loss; Potential for water ingress where there are cracks; Heavy ferrous corrosion on painted steel elements
2024-172-20 Shannon
Moore-Jervis, Marcia
Smith
Hand in Hand
Around the Park
$400.00 40 56 $8,500.00 $11,900.00 16 32 $3,400.00 $6,800.00 Hillcrest Park 4 Public safety concern of falling acrylic elements - two elements appear to have already fallen based off of dangling
monofilament with no pieces on the ends; Complete stability assessment and reinforcement where possible would be
competed during cleaning
2024-172-19 Cork Marcheschi Fertile Ground $1,500.00 16 32 $3,400.00 $6,800.00 16 32 $3,400.00 $6,800.00 Milpitas Library 5 Public safety concern of sharp broken glass tiles and exposed concrete and substructure on the seat of the bench; Tile loss; Potential for water ingress where there are cracks
2024-172-14 Laurel True Starscape Bench $500.00 40 56 $8,500.00 $11,900.00 16 32 $3,400.00 $6,800.00 Starlite Park 6 Structural condition concern of the corroded and delaminated painted steel towers; Could become structurally unsound and unfit to support the weight of the narrative finials; Heavy corrosion and paint loss on the finials reduces legibility 2024-172-22 Vickie Jo Sowell Legends of
Milpitas
$3,000.00 88 120 $18,700.00 $25,500.00 16 32 $3,400.00 $6,800.00 Murphy Park 7 Structural condtion concern of hairline cracks on concrete and some losses to sculptural elements; Cracks have the potential to grow and cause losses if left on untreated, especially over freeze/thaw cycles
2024-172-15 Scott Donahue Watching You $300.00 40 48 $8,500.00 $10,200.00 16 32 $3,400.00 $6,800.00 Rathbone Park 8 Structural condition concern in the wood due to water exposure and pests; Soft ground support is causing condition issues on the wheels; condition issues will be exacerbated if not treated 2024-172-25 Adrian Susnea-Litman Old Farm Wagon $150.00 24 32 $5,400.00 $6,800.00 16 32 $3,400.00 $6,800.00 Alviso Adobe Park 9 Copper and ferrous corrosion will be exacerbated by water from the fountain if the bronze is not treated; Untreated corrosion can lead to structural instability
2024-172-2 Carla Moss Flute Player $300.00 24 32 $5,400.00 $6,800.00 16 24 $3,400.00 $5,100.00 Civic Center Plaza 10 Heavy copper corrosion due to prolonged exposure to water on the ground; Untreated corrosion can lead to structural
instability
2024-172-6 MaryAnn Baker Let's Dance
Bench
$500.00 32 48 $6,800.00 $10,200.00 8 16 $1,700.00 $3,400.00 Cesar Chavez Plaza, Barbara Lee Senior Center 11 Copper corrosion due to prolonged exposure to water on the ground; Untreated corrosion can lead to structural instability; Gaps in the acrylic coating lead to preferential corrosion of the bronze; Could cause further corrosion and patina shifts if left untreated; Gold acrylic paint on frames is very unstable and is at risk of further loss
2024-172-3 MaryAnn Baker Cameo Bench $500.00 32 48 $6,800.00 $10,200.00 16 16 $3,400.00 $3,400.00 Barbara Lee Senior Center 12 Copper corrosion due to prolonged exposure to water on the ground; Untreated corrosion can lead to structural instability 2024-172-4 MaryAnn Baker Happy Hats
Bench
$500.00 16 32 $3,400.00 $6,800.00 8 16 $1,700.00 $3,400.00 Senior Center Patio 13 Copper corrosion due to prolonged exposure to water on the ground; Untreated corrosion can lead to structural instability 2024-172-5 MaryAnn Baker Tulips Bench $500.00 16 32 $3,400.00 $6,800.00 8 16 $1,700.00 $3,400.00 Senior Center Patio 14 Copper corrosion due to prolonged exposure to water on horizontal surfaces, bird droppings and acidic organic matter; Untreated corrosion can lead to structural instability
2024-172-12 David Alan Clark Minute Man $2,000.00 48 64 $10,200.00 $13,600.00 16 32 $3,400.00 $6,800.00 Milpitas City Hall 15 Gaps in the acyrlic coating lead to preferential corrosion of the bronze; Could cause further corrosion and patina shifts if left untreated
2024-172-7 MaryAnn Baker Veterans
Memorial Bench
$300.00 32 48 $6,800.00 $10,200.00 8 16 $1,700.00 $3,400.00 Civic Center Plaza Public Safety
Concern
Public Safety
Concern
Public Safety
Concern
Public Safety
Concern
Public Safety
Concern
Active
Structural
Condtion Issue
Active
Structural
Condtion Issue
Active
Structural
Condtion Issue
Active
Condition Issue
Active
Condition Issue
Active
Condition Issue
Active
Condition Issue
Active
Condition Issue
Active
Condition Issue
Active
Condition Issue

Primary Image Condition
Priority #
Priority Level Priority Rationale JobNum ObjectArtist Title Materials Cost Estimate
Estimate
Min Hrs
Estimate
Max Hrs
Min
Estimate
Max
Estimate
Projected
Maintenance
Min Hrs
Projected
Maintenance
Max Hrs
Min
Maintenance
Max
Maintenance
Location
16 Deterioration of the acrylic coating causing overall discoloration; Discoloration will continue with UV and weather exposure; Heavy oraganic deposits could lead to corrosion and pest infestation
2024-172-13 Adrian Susnea-Litman Birds of Paradise $200.00 16 32 $3,200.00 $6,800.00 16 32 $3,200.00 $6,800.00 Main & Great Mall Parkway Bust Stop Roof 17 Deterioration, blistering, peeling and signficant loss to paint layers; Deterioration will continue with UV and weather exposure
2024-172-21 Joe Bologna, Patricia
Vader
Kicker Kid $2,500.00 48 64 $10,200.00 $13,600.00 16 32 $3,400.00 $6,800.00 Cardoza Park 18 Discoloration, scratches and loss to the protective acrylic panels; Deterioration will continue with UV and weather exposure 2024-172-24 Carla Moss Little Alviso
Water Tower
$200.00 20 24 $5,000.00 $6,000.00 8 16 $2,000.00 $3,400.00 Alviso Adobe Park 19 Ferrous corrorsion on stainless steel elements; Cracking and minor losses in concrete; Condition issues will continue to develop with weather exposure
2024-172-23 Dan Snyder The Sundial $200.00 16 32 $3,400.00 $6,800.00 8 16 $2,000.00 $3,400.00 Sunnyhills Albert Augustine Jr. Memorial Park 20 Overall soiling and organic debris accumulation; soil and debris will continue to accumulate; full assessment of substrate condition would be completed during cleaning
2024-172-17 Niles Palmer Baseball Figures $1,500.00 16 32 $3,400.00 $6,800.00 16 32 $3,400.00 $6,800.00 Milpitas Sports Center, Baseball Field backdrop 21 New installation with minor soiling and bird droppings; It's important to begin maintenance early to avioid larger condition issues down the road
2024-172-1 James Dinh Circle of Time $150.00 4 6 $1,000.00 $1,500.00 4 6 $1,000.00 $1,500.00 Jose Higuera Park 22 Scratches, abrasions, paint loss. More scratches and losses could develop due to interactions with the public but indoor location protects it from the elements
2024-172-26 Debbie Koppman Welcome to
Milpitas
$150.00 48 64 $12,000.00 $16,000.00 32 48 $8,000.00 $12,000.00 Portable 23 Scuffs and minor abrasions. More scuffs could develop due to interactions with the public but indoor location protects it from the elements
2024-172-8 Adrian Susnea-Litman Four Seasons $200.00 8 16 $2,000.00 $4,000.00 4 8 $1,000.00 $2,000.00 Hallway wall, Barbara Lee Senior Center 24 Minor chips and losses and overall soiling; More losses could develop due to interactions with the public, and dust and grime will continue to accumulate, but indoor location protects it from the elements
2024-172-9 Adrian Susnea-Litman Garden Fantasy $200.00 8 16 $2,000.00 $4,000.00 8 16 $2,000.00 $4,000.00 Lobby, Barbara Lee Senior Center 25 Minor scuffs on the glazing; More scuffs could develop due to interactions with the public but indoor location protects it from the elements
2024-172-10 Joanie Popeo Our View $100.00 3 4 $750.00 $1,000.00 1 1 $250.00 $250.00 Barbara Lee Senior Center 26 Overall dust accumulation and soiling; Dust and grime will continue to accumulate, but indoor location protects it from major weather impacts
2024-172-11 Adrian Susnea-Litman Thriving Legacy $1,500.00 24 36 $6,000.00 $9,000.00 16 32 $4,000.00 $8,000.00 Barbara Lee Senior Center Active
Condition Issue
Active
Condition Issue
Active
Condition Issue
Active
Condition Issue
Requires
Maintenance
Requires
Maintenance
Requires
Maintenance
Requires
Maintenance
Requires
Maintenance
Requires
Maintenance
Requires
Maintenance

APPRAISAL REPORT
APPRAISAL REFERENCE NUMBER 032032
Type of Value Replacement Value - New
Intended Use Insurance Coverage
Subject Property A collection of public artworks
City of Milpitas Client
C/O Ms. Anna Talarico
Designing Local
20 E. Broad Street
Columbus, OH 43215
Effective Date October 31, 2024
Date of Examination October 29-31, 2024
Report Date March 5, 2025
Appraised by: LIZA HICKEY, ASA

ROTH ART GROUP
P.O. Box 545
Lafayette, CA 94549

ROTH ART GROUP
REF NO. - 032032
Title Page ................................................................................................................................................1 Table of Contents ................................................................................................................................2 Transmittal Letter ...............................................................................................................................3 Subject Property Summary List ....................................................................................................5 Terms and Notes ..................................................................................................................................8 Approaches to Value ...........................................................................................................................9 Limiting Conditions and Liabilities ...........................................................................................10 Privacy Policy Notification ............................................................................................................13 Item Description ................................................................................................................................14 Condition Ranking ............................................................................................................................40 State of the Market ............................................................................................................................41 Valuation Analysis ............................................................................................................................42 Certifications .......................................................................................................................................44 Works and Authorities Consulted ..............................................................................................46 Appraisers Credentials ...................................................................................................................48 Glossary of Terms .............................................................................................................................53

TABLE OF CONTENTS
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

Dear Ms. Talarico:

APPRAISAL REPORT FOR REPLACEMENT VALUE - NEW
We have prepared an appraisal report for a collection of public artworks in order to determine Replacement Value - New for Insurance Coverage as of the effective date of October 31, 2024. The conclusion of Replacement Value - New is $1,445,800.

This report is intended for use in Insurance Coverage only and not for any other use. The definition of Replacement Value - New is the cost to replace a property with an equivalent, or substitute which is new, using modern materials, techniques and standards that satisfy the description or use of the replaced property. It is the present cost of replacing the property with one having the same quality and utility, but in new condition.

This report is intended for use only by you and the relevant representatives of the City of Milpitas, as well as their designated insurance agent or broker. Use of this report by others is not intended by the appraiser. You have declared that the City of Milpitas is the owner of the subject property listed below and that all items are located at public locations throughout the city. We did not conduct any further research on ownership rights of the subject property.

In order to conclude our assignment, the scope of work in this appraisal report included relying on condition reports provided by ACT Conservation. ACT provided identification information, condition assessment, high resolution photographs, in some cases, measurements of the subject properties. As the artworks are custom, site-specific pieces, we determined that the most relevant market in which to replace the subject properties is through the artists' studios. We gathered current pricing information to re-create the works from the artists, or pricing for new comparable pieces by artists of similar stature and reputation in cases where the original artist was unavailable for comment. The detailed results of this analysis are presented in the Item Description and Valuation Analysis portions of the appraisal report.

The subject property was examined by ACT on October 29-31, 2024. In preparing this appraisal, we considered various characteristics of value based on our expertise including but not limited to March 5, 2025
Re: Appraisal No. 032032
City of Milpitas
C/O Ms. Anna Talarico
Designing Local
20 E. Broad Street
Columbus, OH 43215
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

the recognition of the artist and his/her position in the current art market, the subject matter, its rarity, the condition of the property, size, age and provenance.

I certify that I have no present or contemplated future interest in the subject property which might prevent me from making a fair and unbiased appraisal. The compensation to Roth Art Group is not based on a percentage of the appraised value of the subject property.

The appraisal report contains 53 pages and all components must be present for the report to be valid. Any item missing from this report renders it invalid. The report was prepared for intended use in Insurance Coverage and reflects the Replacement Value - New. It is valid only when used for this use and only when used in its entirety. Should you need an appraisal of the subject properties for a different intended use, a new appraisal with a new value conclusion would be required, and this would constitute a new assignment.

This appraisal report conforms to the 2024 edition of the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation and the Code of Ethics of the American Society of Appraisers, an organization dedicated to promoting high standards of the practice within the appraisal profession.

Submission of this report concludes the appraisal assignment. Please review this report carefully.

If you have any further questions, or if I can be of further assistance to you, do not hesitate to call us. It has been our pleasure to work with you on this project.

Sincerely,
Liza Hickey, ASA
Roth Art Group
EIN: 20-2794654
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

Artist Title Medium / Materials

ROTH ART GROUP
Ref No. - 32032
Value

SUBJECT PROPERTY INVENTORY
Item #
Mary Ann Baker Generations Bench Bronze, exterior grade acrylic
1 $30,000
Mary Ann Baker Happy Hats Bench Bronze, exterior grade
acrylic
2 $15,000
Mary Ann Baker Tulips Bench Bronze, exterior grade
acrylic
3 $15,000
Mary Ann Baker Let's Dance Bench Bronze, exterior grade acrylic paint
4 $15,000
5 Mary Ann Baker Veterans Memorial Bench Bronze, wood $8,000 Joe Bologna and Patricia
Vader
6 Kicker Kid Aluminum, steel, and paint $30,000
7 David Alan Clark Milpitas Minute Man Bronze $278,000
8 James Dinh Circle of Time Granite, concrete, paint $45,000 9 Scott Donahue Watching You Concrete, ceramic tile, paint $100,000 10 Bill Gould Green Tree Steel, recycled materials $100,000 Debra Koppman Welcome to Milpitas Acrylic paint on composite aluminum
11 $10,000
Cork Marcheschi Fertile Ground Plastic, dichroic glass, monofilament
12 $140,000
Shannon Moore and
Marcia Smith
Hand in Hand around the
Park
Ceramic mosaic tile, steel,
paint
13 $50,000
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

Artist Title Medium / Materials

ROTH ART GROUP
Ref No. - 32032
Value

SUBJECT PROPERTY INVENTORY
Item #
14 Carla Moss Flute Player Bronze $30,000
15 Carla Moss Cartwheels Bronze $60,000
16 Carla Moss Little Alviso Water Tower Acrylic panels, mixed media $40,000 17 Niles Palmer Baseball Figures Painted metal $75,000
18 Joanie Popeo Our View Pastel $12,000
19 Dan Snyder The Sundial Cement, stainless steel $100,000 20 Vickie Jo Sowell Legends of Milpitas Painted steel $45,000 Adrian Susnea Litman Old Farm Wagon Wood, steel, copper sheeting, paint
21 $52,000
Adrian Susnea-Litman Four Seasons sheet metal, metal wire, paint
22 $40,000
23 Adrian Susnea-Litman Garden Fantasy Ceramic tile $30,000 24 Adrian Susnea-LItman Thriving Legacy acrylic on wood panel $68,800 25 Adrian Susnea-Litman Birds of Paradise Sheet metal, acrylic paint $32,000 Laurel True Starscape Bench Glass and ceramic mosaic
tile, concrete
26 $25,000
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

Artist Title Medium / Materials

ROTH ART GROUP
Ref No. - 32032
Value

SUBJECT PROPERTY INVENTORY
Item #
Total Replacement Value - New: $1,445,800
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032

NOTES AND TERMS FOR THE APPRAISAL
Type of Value:

The type of value used in this appraisal document is Replacement Value - New.

Intended Use:

This report is intended only for use in Insurance Coverage. This report is not intended for any other use.

Intended Users:

This report is intended for use by Anna Talarico of Designing Local, relevant representatives of the City of Milpitas, as well as their designated insurance agent or broker. Use of this report by others is not intended by the appraiser.

Definition of Replacement Value - New:

Replacement Value-new is the cost to replace a property with an equivalent, or substitute which is new, using modern materials, techniques and standards that satisfy the description or use of the replaced property. It is the present cost of replacing the property with one having the same quality and utility, but in new condition.

Source: American Society of Appraisers. Monograph 2: Types of Value for Varied Intended Uses, 2012. p. 2-10.

City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032

APPROACHES TO VALUE
The following three approaches to value have been considered in estimating value for the subject property.

Sales Comparison Approach to Value:

A procedure to conclude an opinion of value for a property by comparing it with similar properties that have been sold or are for sale in the relevant marketplace by making adjustments to prices based on marketplace conditions and the properties’ characteristics of value. The sales comparison approach was used for analysis in this appraisal because there are a sufficient number of properties in the relevant marketplace comparable to the subject properties on which to base a credible value conclusion.

Alternative Methodologies Considered:

Cost Approach to Value:

A procedure to estimate the current costs to reproduce or create a property with another of comparable use and marketability. This approach to value was considered; however, the age, maker, and history of the properties in this appraisal contribute to value. Currently produced reproduction properties are not therefore comparable to the subject properties. This approach to value was therefore not used for analysis in this appraisal.

Income Approach to Value:

A procedure to conclude an opinion of present value by calculating the anticipated monetary benefits (such as a stream of income) for an income-producing property. This approach is not relevant in this case since income from the subject property is not contemplated at this time. (Source for definitions: Personal Property Committee of the American Society of Appraisers, Approaches to Value, last modified March 3, 2011, http://appraisers.org/PPHome/PPHome.aspx.) City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032

LIMITING CONDITIONS AND LIABILITIES
This document is limited by those conditions that are implicit in the document’s Transmittal Letter.

The type of value of the enclosed appraisal report is Replacement Value - New for the intended use of Insurance Coverage. It is to be used for this specific purpose only.

The opinions of values expressed in this report are the direct result of data and materials researched, organized, and analyzed by the appraisers. The data was obtained from appropriate and reliable sources as stated in the “Works Consulted” section of the report. Provenance information and purchase receipts were provided, either verbally or through direct examination, to the appraisers by the client. The appraisers have relied on information supplied to them by the client, concerning undisputed title to the objects, acquisition history, purchase price, et al. The client, in accepting this report, acknowledges that the information supplied by him/her has been accurately transcribed and utilized by the appraisers. The client, in accepting this report, also acknowledges that no significant information has been withheld from the appraisers which may have caused the appraiser to arrive at a valuation conclusion different from the one(s) stated in this report, had such information been known at the time of the report’s preparation.

The enclosed valuations do not represent the net resale value of the works of art. Definitions of Replacement Value - New, Valuation Approach, and other terms required to be used in this type of report are contained in the body of the report. No opinion is expressed on past or future value of the appraised items.

Roth Art Group assumes no responsibility for changes in market conditions or the inability to locate a potential replacement item for a potential buyer for the items appraised.

The objective of an appraiser is to estimate values for a specific purpose. Appraisers are not authenticators; however, every effort has been made to properly identify the items listed herein by means of reviewing client paperwork and invoices to learn where each item was purchased; and by referencing catalogues raisonné, standard industry source books, auction catalogues, exhibition catalogues, and artist’s monographs. Wherever possible, catalogue raisonné numbers are cited in the Item Description section of the report. This is done to facilitate identification and indicate where further information on the work is available. Roth Art Group cannot be held accountable if a work listed in this appraisal report is not deemed authentic at a future date.

The appraisers have based descriptions of the appraised objects on their professional experience as appraisers in the fields of fine and decorative arts, and on the information supplied by third parties who are named in the report, where appropriate. Consequently, the appraisers believe that the descriptions of the appraised objects are accurate and correct.

However, additional research by scholars in the field, at some point in the future, may cause the appraisers to alter their assessment of the objects described in the report. While every effort has been made by the appraisers to ascertain the accuracy of descriptions of the appraised object(s) and their attribution, this report is not intended to serve as a certificate of authenticity City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032
or warranty.

Since condition is an important factor in estimating value, each item was personally inspected by ACT Art Conservation (exceptions are noted). No chemical analysis or black light inspection was made of the subject works; therefore, only condition problems that are easily seen could be noted. Roth Art Group is not responsible for noting prior restorations and damage if not apparent or not disclosed by the client.

The client claimed ownership of the properties appraised. The values estimated in the report are based upon the assumption that the client is entitled to the rights and benefits of 100% ownership of the properties, and that the properties are unencumbered by any notes or partial ownerships. However, the appraiser makes no certification to legal title concerning the items appraised in this report.

This report must be used in its entirety. Neither all nor any part of the contents of this report (especially the conclusions as to the value or the identity of the appraiser) shall be reproduced or disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser.

Measurements are considered approximations. Values provided represent values of the works unframed.

Photographs are taken as simple visual record and are not considered professional photographs.

When appropriate, consultants have been chosen for their specialized expertise and are assumed to be reliable. However, no responsibility is taken for the accuracy of their opinions.

Paintings were not removed from frames. No responsibility will be taken for information gleaned by removal of a work from a frame and any correlated adjustment to monetary value
Items are assumed to be in good condition unless otherwise mentioned.

The appraisers have not been disqualified by the IRS.

The completion and acceptance of this report finalizes the obligation of Roth Art Group as outlined in the scope of the assignment. Any future work related to this assignment will require additional fees if such services are requested.

Roth Art Group shall be held harmless from and against any actions, claims, liabilities or expenses incurred as a result of claims based on or arising from the appraisal by third parties unrelated to the immediate purpose of this appraisal.

Any dispute between the client and appraiser concerning this report which cannot be settled between the two parties will be referred to a neutral third-party mediation service. The cost of City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032
such mediation shall be borne equally by both parties. In the event mediation is not successful, the parties will agree to submit the dispute to binding arbitration under the laws of the State of California.

City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032

PRIVACY POLICY NOTIFICATION
Roth Art Group is committed to safeguarding the confidential information of our clients. We hold all of our clients' personal information provided to our appraisal service company in the strictest confidence and in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) and American Society of Appraisers (ASA) Code of Ethics and standards of confidentiality. Our files include information collected from clients in connection with the personal property appraisal services provided by our company. At no time in the past have we ever disclosed information to third parties, except as specifically authorized by our clients, or as required by law, and we do not anticipate doing so in the future. We are prohibited under federal law from changing our policy without first advising a client and obtaining permission. We use the personal property information provided by our clients to help meet their appraisal requests, while guarding against any real or perceived infringements of their rights of privacy.

Our policy with respect to personal information about our clients is as follows:
•We limit employee and agent access to information only to those who have a business or professional reason to know, and only to nonaffiliated parties as required by law. •We maintain a secure office and computer environment to ensure that your information is not placed at unreasonable risk.
•The categories on non-public personal information that we collect from a client depend upon the scope of the client’s appraisal engagement. This includes information about personal property assets, information about tax identification numbers, and other non-public information necessary. Additionally, it may include information about transactions between clients and third parties, and information from third party sources.
•Unaffiliated third parties that require access to our clients’ personal information, such as Federal and State tax regulators, insurance companies, and the like, may only review company records as permitted by law.
•We do not provide client information to mailing list vendors or solicitors for any reason whatsoever.
•Personally identifiable information will be maintained during the time a client is a client of the company and for the appropriate time thereafter that such records are required to be maintained by USPAP, and consistent with the ASA ethics code. After this required period of record retention, all such information will be destroyed in a manner consistent with providing confidentiality to our clients.
________________________________________ 3/5/2025
Andrea Z. Roth, Ph.D., ASA

ROTH ART GROUP
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Generations Bench
Date 2009
Bronze, exterior grade acrylic
Dimensions 80 x 84 inches
A curving, serpentine bench with pierced back composed of cameo depictions of various figures in historical dress, continuing to a slatted seat supported on ten legs joined by arched X-form stretchers, connected on the side to a tall tree issuing multiple branches sprouting green leaves and red apples
Description
Location Barbara Lee Senior Center
Assumed fair; overall soil and dust accumulation, corrosion, coating deterioration
Condition
Medium
Object Type Sculpture
1 Item Number
Replacement Value - New $30,000

MARY ANN BAKER
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Happy Hats Bench
Date 2009
Bronze, exterior grade acrylic
Dimensions 40 x 60 x 20 inches
Marks/Inscriptions Stamped on back "09 MABaker"
The bench with pierced colorful back composed of an assortment of hats continuing to slatted seat, with rose blosom cut-outs, flanked by branch form armrests and supported by eight branch form legs joined by arched stretchers
Description
Location Senior Center Patio
Condition Assumed Fair; overall soil and dust accumulation, corrosion Medium
Object Type Sculpture
2 Item Number
Replacement Value - New $15,000

MARY ANN BAKER
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Tulips Bench
Date 2009
Bronze, exterior grade acrylic
Dimensions 35 x 60 x 30 inches
The serpentine form bench with backrest composed of colorful frieze of tulips and butterflies, continuing to a slatted seat accented by cutout butterflies, flanked by branch form armrests and supported by eight branch form legs joined by arched stretchers
Description
Location Senior Center Patio
Condition Assumed Fair; overall soil and dust accumulation, corrosion Medium
Object Type Sculpture
3 Item Number
Replacement Value - New $15,000

MARY ANN BAKER
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Let's Dance Bench
Date 2009
Bronze, exterior grade acrylic paint
Dimensions 40 x 60 x 30 inches
The semicircular bench with painted, pierced backrest decorated with four registers of gold and red stylized forms, including stars, continuing to slatted seat accented with star-form cutouts, flanked by branch form armrests and supported by eight branch form legs terminating in high heel shoe and boot feet, all joined by arched stretchers
Description
Location Cesar Chavez Plaza, Barbara Lee Senior Center
Assumed Fair; overall soil and dust accumulation, corrosion, salt efflorescence, fading
Condition
Medium
Object Type Sculpture
4 Item Number
Replacement Value - New $15,000

MARY ANN BAKER
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Veterans Memorial Bench
Bronze, wood
Dimensions 35 x 60 x 20 inches
The bench with branch framed scene of American flag, soldiers, medals, and eagle amid stylized elements, continuing to slatted wood seat flanked by branch form armrests and supported on four branch form legs Description
Location Civic Center Plaza
Assumed Fair; overall soil and dust accumulation, coating deterioration and areas of loss, areas of corrosion
Condition
Medium
Object Type Sculpture
5 Item Number
Replacement Value - New $8,000

MARY ANN BAKER
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Kicker Kid
Date 2015
Aluminum, steel, and paint
Dimensions
A kinetic sculpture in the form of a child in soccer uniform bending over between outstretched legs, with arms extended, a soccer ball below the child's head and a bike wheel above, connected by rods to the soccer ball Description
Location Cardoza Park
Assumed Fair; operational, some wear, overall soil and dust accumulation, areas of coating loss, areas of paint loss
Condition
Medium
Object Type Sculpture
6 Item Number
Replacement Value - New $30,000

JOE BOLOGNA AND PATRICIA VADER
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Milpitas Minute Man
Date 2013
Bronze
Dimensions
Signature Incised on base with date
Marks/Inscriptions Informational plaque on plinth
A standing man in Colonial dress wearing a tricorn hat and holding a musket in one hand and resting his hand on a plough with the other, a jacket folded over the plough
Description
Location Milpitas City Hall
Assumed Fair; overall soil and dust accumulation, wax deterioration, corrosion
Condition
Medium
Object Type Sculpture
7 Item Number
Replacement Value - New $278,000

DAVID ALAN CLARK
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032 ITEM DESCRIPTIONS
Circle of Time
Date 2024
Granite, concrete, paint
Dimensions
Marks/Inscriptions Plaque on base, with information about the artwork a circular disc with hollow center, reminiscent of a milestone, engraved with a design of black flowing tule reeds, positioned on a circular podium textured on the sides to evoke the weave of Ohlone baskets Description
Location Jose Higuera Park
Assumed Good; overall soil and dust accumulation, organic debris, bird droppings
Condition
Medium
Object Type Sculpture
8 Item Number
Replacement Value - New $45,000

JAMES DINH
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Watching You
Date 2015
Concrete, ceramic tile, paint
Dimensions 138 x 66 x 66 inches (Overall)
Five tall columnar forms in gray and rose toned concrete separated by veins of orange and red tile, the columns featuring raccoons, eagles, deer, mountain lions, and steel head trout
Description
Location Rathbone Park
Condition Assumed Fair; overall soil and dust accumulation, multiple cracks Medium
Object Type Sculpture
9 Item Number
Replacement Value - New $100,000

SCOTT DONAHUE
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Green Tree
Date 2010
Steel, recycled materials
Dimensions 240 x 144 x 144 inches
A stylized tree anchored by five spherical terminals, with a central cylindrical trunk issuing four arched branches, each ending in a spherical finial, all connected by a series of graduated rings, all hung with assorted ornaments composed of found objects
Description
Location Pinewood Park
Assumed Fair; overall soil and dust accumulation, cobwebs, corrosion, some chips and tangles
Condition
Medium
Object Type Sculpture
10 Item Number
Replacement Value - New $100,000

BILL GOULD
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Welcome to Milpitas
Date 2021
Acrylic paint on composite aluminum
Dimensions 30 x 48 inches (Each)
A five-panel freestanding mural, designed to be portable and flexible, with colorful images inspired by historic photographs of Milpitas, including the Smith's Corner general store, the Southern Pacific train, the Windsor Blacksmith Shop, the Pashote Building, and the Ford Assembly plant Description
Location Variable
Assumed good; overall soil and dust accumulation, abrasions and losses to paint
Condition
Medium
Object Type Painting
11 Item Number
Replacement Value - New $10,000

DEBRA KOPPMAN
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Fertile Ground
Date 2008
Plastic, dichroic glass, monofilament
Dimensions
Marks/Inscriptions Explanatory plaque below installation A mobile installation with a series of objects (glasses, key, rings, airplane, shapes) suspended by monofilament from the ceiling, the objects meant to represent "kernels of thoughts, some have taken form, some have structure, but most float and await the collision that will start the process to form an idea."
Description
Location Milpitas Library
Assumed good; overall soil, grime and dust accumulation, one element appears to be missing
Condition
Medium
Object Type Sculpture
12 Item Number
Replacement Value - New $140,000

CORK MARCHESCHI
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Hand in Hand around the Park
Date 2004
Ceramic mosaic tile, steel, paint
Dimensions 96 x 72 x 72 inches
A central tapered column covered in colorful mosaic tile flowers and vignettes, topped by a sphere surrounded by a pierced metal ring with cutout words and hand prints the lower section with four seats further decorated with tile mosaic scenes and banner of text quoting Anne Frank Description
Location Hillcrest Park
Assumed fair; overall soil and dust accumulation, corrosion to steel, cracking to tiles, some losses
Condition
Medium
Object Type Sculpture
13 Item Number
Replacement Value - New $50,000

SHANNON MOORE AND MARCIA SMITH
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Flute Player
Date 1996
Bronze
Dimensions 60 x 30 x 30 inches
Signature Incised on base, "C. Moss/S. Moss"
Marks/Inscriptions Incised date on base
Description A child seated on a rocky plinth playing a flute Location Civic Center Plaza
Assumed Fair: overall soil and dust accumulation, corrosion, wax wear and loss, patina loss
Condition
Medium
Object Type Sculpture
14 Item Number
Replacement Value - New $30,000

CARLA MOSS
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Cartwheels
Date 2004
Bronze
Dimensions 50 x 50 x 10 inches (Each)
Signature Each with incised signature "C. Moss" and date Three figures of children wearing colorful clothing, each in the act of turning a cartwheel, each figure positioned on a circular concrete base Description
Location Milpitas Library
Condition Assumed fair; overall soil and dust accumulation, corrosion Medium
Object Type Sculpture
15 Item Number
Replacement Value - New $60,000

CARLA MOSS
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Little Alviso Water Tower
Date 2012
Acrylic panels, mixed media
Dimensions 84 x 40 x 40 inches
A four-sided structure set on a aggregate square base, supported by four squared legs, each side set with horizontal panels depicting historical figures/scenes, alternating with friezes of grapes, horses, wagon wheels, cattle, maize, trees, and other elements, capped by a peaked adobe tile roof Description
Location Alviso Adobe Park
Assumed fair; overall soil and dust accumulation, areas of paint loss and cracking
Condition
Medium
Object Type Sculpture
16 Item Number
Replacement Value - New $40,000

CARLA MOSS
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Baseball Figures
Date 2000?
Painted metal
Dimensions
Two baseball players, each composed of gradated blue circular metal discs fitted onto the chain link fence support, one in the act of batting and the other pitching
Description
Location Milpitas Sports Center, Baseball Field
Condition Assumed good; overall soil and dust accumulation Medium
Object Type Sculpture
17 Item Number
Replacement Value - New $75,000

NILES PALMER
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Our View
Date 2021
Pastel
Dimensions
The vertical landscape with a dark green field and scattered trees below a central tan hill, dotted with areas of dark green foliage, under an expansive blue sky with scattered clouds
Description
Location Barbara Lee Senior Center
Condition Assumed Good
Medium
Object Type Painting
18 Item Number
Replacement Value - New $12,000

JOANIE POPEO
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
The Sundial
Date 2002
Cement, stainless steel
Dimensions
A curved path inset with angelic figures, musical notes, spirals and stars, leading to a circular surface divided into wedge segments, each further embellished with inlaid spirals, stars and musical notes, centered by a wide disc, with the text "Welcome Home,"supporting an octagonal column, inlaid on sides with directional indicators interspersed with further figural motifs, capped by a circular sundial, composed of Roman numeral dial face with the motto "only sunny hours" and a wave-form gnomon pierced with star and figural cut-outs
Description
Location Sunnyhills, Albert Augustine Jr. Memorial Park Assumed fair; overall soil and dust accumulation, graffiti, corrosion on steel elements, minor cracks and abrasions
Condition
Medium
Object Type Sculpture
19 Item Number
Replacement Value - New $100,000

DAN SNYDER
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Legends of Milpitas
Date 2003
Painted steel
Dimensions 168 x 18 x 18 inches (Each)
Marks/Inscriptions Explanatory plaque below each column Three columns each painted in two-tone color scheme: "Legend One" painted in yellow/green and capped by symbolic elements of a century plant blossom, the Joseph Weller palm, Old Laguna School, a Western Pacific Railroad locomotive, and Half Dome; "Legend Two" painted in light blue/dark blue and capped by symbolic elements of hummingbird sage blossom, a Mission style building, an olive tree and Ohlone Indians; "Legend Three" painted in green/red and capped by symbolic elements of corn, a burrowing owl, a century plant, the Higuera Adobe, a Ford sedan and the Milpitas Hills
Description
Location Murphy Park
Assumed fair; overall soil and dust accumulation, corrosion throughout, pitting near seams
Condition
Medium
Object Type Sculpture
20 Item Number
Replacement Value - New $45,000

VICKIE JO SOWELL
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Old Farm Wagon
Date 2012
Wood, steel, copper sheeting, paint
Dimensions 47 x 221 x 70 inches
A platform wagon with brightly painted blue and red wheels, set with a bench seat at front and continuing to a red and blue painted wagon tongue; the platform of the wagon fitted with metal text, "Jose Maria de Jesus Alviso, Rancho Milpitas, 1837 "and an array of fruits
Description
Location Alviso Adobe Park
Assumed fair; overall soil and dust accumulation, corrosion, significant fading and wear to paint, evidence of pest activity
Condition
Medium
Object Type Sculpture
21 Item Number
Replacement Value - New $52,000

ADRIAN SUSNEA LITMAN
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Four Seasons
Date 2010
sheet metal, metal wire, paint
Dimensions 48 x 48 x 3 inches (Each)
Marks/Inscriptions Each with applied plaque with artist's name and title Top left, "Winter" - a square composition of geometric silver/gray fields and curving lines
Top right, "Spring" - square composition of diagonals and bright green patination patterns
Bottom left, "Summer" - square composition of matte gold fields, bordered in blue/green patination, a glossy copper background
Bottom right, "Autumn" - square composition of varying tones of red and brown elements and incised curving lines
Description
Location Hallway, Barbara Lee Senior Center
Condition Assumed Good
Medium
Object Type Sculpture
22 Item Number
Replacement Value - New $40,000

ADRIAN SUSNEA-LITMAN
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Garden Fantasy
Date 2010
Ceramic tile
Dimensions 144 x 84 inches
The fireplace surround composed of mosaic flame composition in swirling patterns red and orange, accented by areas of blue and green Description
Location Lobby, Barbara Lee Senior Center
Assumed Good; minor losses to some tiles, overall soil and dust accumulation
Condition
Medium
Object Type Sculpture
23 Item Number
Replacement Value - New $30,000

ADRIAN SUSNEA-LITMAN
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Thriving Legacy
Date 2011 and 2024
acrylic on wood panel
Dimensions
The rectangular four panel mural featuring portraits of numerous figures and the seal of the City of Salinas, all on a bright yellow/orange background, together with two 36" circular portraits, one of a man wearing a fedora and smoking a pipe, and the other of a woman wearing glasses and a blue garment
Description
Location Barbara Lee Senior Center
Condition Assumed Good
Medium
Object Type Painting
24 Item Number
Replacement Value - New $68,800

ADRIAN SUSNEA-LITMAN
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Birds of Paradise
Date 2011
Sheet metal, acrylic paint
Dimensions 30 x 150 x 36 inches
The shelter top consisting of assorted sections of metal, some solid and some mesh, arranged to represent red bird of paradise blossoms amid wide green leaves
Description
Location Main & Great Mall Parkway, Bus Shelter
Assumed Fair; overall soil and dust accumulation, coating deterioration and areas of coating loss
Condition
Medium
Object Type Sculpture
25 Item Number
Replacement Value - New $32,000

ADRIAN SUSNEA-LITMAN
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Starscape Bench
Date 2007
Glass and ceramic mosaic tile, concrete
Dimensions 42 x 84 x 84 inches
Marks/Inscriptions Plaque on base with title, artist's name and dedication A star shaped bench with domed center covered in colorful mosaic pattern dotted with stars
Description
Location Starlite Park
Assumed Fair: overall soil and dust accumulation, graffiti, cracks and chips to tiles
Condition
Medium
Object Type Sculpture
26 Item Number
Replacement Value - New $25,000

LAUREL TRUE
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032

CONDITION RANKING
Excellent: Works are usually contemporary or less than 20 years old. They are flawless without tears, fading, foxing and free of any debris.

Very Good: Used for works are usually older than 20 years and are clean, free of tears or paint chips. There may be some wear or fading that is considered normal and expected by the market due to the age of the work and does not cause a decrease in value.

Good: The work has some minor imperfections or has been restored. Minor imperfections include some debris that can be easily cleaned and brought to the level of “very good” or “excellent.” The work has been restored by a skilled restorer and evidence of damage or restoration is negligible.

Fair: The work is slightly damaged and requires some repair. The canvas has a small tear or has buckled or has some minor paint chips. The work has faded in color. Works on paper have minor tears, some brown discoloration, foxing spots or creases that can be restored.

Poor: The work is highly damaged, often beyond repair or requires a great deal of repair. For example the gap in a tear of the canvas is so large that it requires much alteration by a restorer.

City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032

STATE OF THE MARKET
Art Market End of 2024
In 2024, the global art market witnessed a period of transition, navigating economic challenges while embracing new trends. Overall, the art market experienced a modest contraction, with global sales declining by approximately 4% to $65 billion. This downturn was influenced by high interest rates, inflation, and geopolitical instability, which affected collector confidence and spending. The U.S. market share, although decreased by 10% to $27.2 billion, still represents 42% of the global market.

A notable shift was observed in collector motivations as art buyers showed a more investmentdriven approach to art collecting. Additionally, younger collectors, particularly Millennials and Gen X, demonstrated increased activity, with a growing interest in contemporary and emerging artists. Female artists also gained greater representation, comprising 44% of artworks sold to high-net-worth individual collections, up from 33% in 2018.

The integration of technology continued to reshape the art market. Online-only sales reached $440.3 million, nearly tripling from 2020 levels, reinforcing digital platforms as critical components of the art market. However, sales in art-related NFTs declined sharply, from a peak of $2.9 billion in 2021 to $1.2 billion, reflecting a cooling interest in this segment.

There was significant activity in the market for affordable art, with works priced under $5,000 accounting for 82% of contemporary art sales. This trend highlights a shift toward accessibility and inclusivity, attracting new and younger collectors. The prints and editions sector also gained attention, offering a more accessible entry point into the art market with rising financial returns.

Despite a challenging year, the November 2024 auctions indicated signs of recovery.

Approximately 35% of lots exceeded their mid-estimates, and new artist records were set, reflecting renewed confidence among collectors. However, some high-profile works, including pieces by Matisse and Rousseau, remained unsold, highlighting selective buying patterns.

There is, therefore, resilience in the art market, with significant sales and a cautious yet optimistic collector base.

Looking ahead, experts predict that the art market will stabilize, with more gradual growth following the volatility of recent years. The market may expand by another 5-7% by 2025, with much of this growth coming from younger artists and collectors. Blue-chip works and traditional fine art are expected to remain strong, particularly as a hedge against inflation.

City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032

VALUATION ANALYSIS
Introduction to Our Valuation Analysis of Fine Art:

The most significant characteristic of value in determining value of artwork is the identity of the artist. The artist's skill and career are major factors in appraising a work of art and are the primary drivers of his/her market. An artist who is beginning to exhibit is considered an “emerging artist” and is typically accepted in art centers, universities and small, local galleries only, regardless of the quality of the work. An artist is considered to be “mid-career” when he/she shows their work with established galleries in metropolitan areas and local museums while also entering competitions to obtain commissions and awards. When the artist is juried into shows at larger commercial galleries and museums that span a larger area than just their local region, and is the subject of art reviews or is published in catalogues, the demand generally increases as the work gets exposure to a larger public. An artist at this stage is considered “established.” The extent to which an artist is represented by a reputable gallery or dealer is an indication of the investment a gallery/dealer is willing to make into promoting a promising artist.

The works of mid-career and established artists may also appear at auction. Established artists with a strong market for their work on an international level, may also have a market with the major auction houses including Sotheby’s and Christie’s. Artists whose recognition is limited nationally with representation at galleries that specialize in that particular country and period might also sell at Sotheby’s and Christie’s but are more likely to be sold at other nationally recognized auction houses including Bonhams and Butterfields in California and London, Phillips de Pury in London, Heritage Galleries in Dallas, or Skinner in Boston.

Once the attribution of a work of art has been determined, either through the existence of the artist’s signature or through provenance or expert analysis, the next characteristic of value is the type of work. Some artists have certain periods, styles or genres (subject matter) in their overall output that are more sought after than others. The importance of the specific piece within the artist’s body of work as well as the work’s rarity are taken into consideration in valuing a work of art.

The next characteristic of value is the quality of the work and its medium. A work’s quality of execution, pictorial technique, richness, detail, color palette that appeals to most collectors and critics is assessed. In terms of medium, oils on canvas or board are traditionally the most valuable with watercolors, pastels, charcoal, ink and other drawing techniques on paper taking the next place. Prints and other types of multiples fall into the third category of value since the availability of the work in relationship to the demand influences the price as well. A print or multiple is valued according to type of printing process, its rarity and edition size. A larger edition size is less valuable than a smaller one and works that are out of print and rare on the open market, but popular, have more value.

The next categories determining value are condition and size. Works that are damaged or dirty are rarely sold at fine galleries, but may come up at auction at significantly reduced prices. Size is an important indicator of value as many works of art are often priced according to size; City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032
however, in some cases large sizes may be a deficit as large paintings require adequate wall space.

Finally, whether or not a work may have won a prestigious award or have been included in a major museum exhibit, or published in a text book or museum catalogue would also have an impact on its value.

Valuing the City of Milpitas Art Collection:

The City of Milpitas collection consists of commissioned, site-specific installations. In order to arrive at replacement values for the subject properties, we researched the artists who made each piece. The majority of the artists are mid-career, active and working on projects.

Replacement value for the works by these artists is based on their current pricing structure to re-create their commissioned works. In the case of artists who were unavailable to provide this information or appear to be no longer actively working, replacement value is based on pricing for a comparable new work by an artist of similar stature and reputation.

City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032
CERTIFICATION: ANDREA ROTH
I certify that, to the best of my knowledge and belief:
•The statements of fact contained in this report are true and correct. •The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
•I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. •I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.
•I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
•My engagement in this assignment was not contingent upon developing or reporting predetermined results.
•My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
•My analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice. •I have not made a personal inspection of the property that is the subject of this report. •No one provided significant personal property appraisal assistance to the person signing the certification.
_______________________________________________
Andrea Roth, PhD., ASA
Roth Art Group
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032
CERTIFICATION: LIZA HICKEY
I certify that, to the best of my knowledge and belief:
•The statements of fact contained in this report are true and correct. •The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
•I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. •I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.
•I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
•My engagement in this assignment was not contingent upon developing or reporting predetermined results.
•My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
•My analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice. •I have not made a personal inspection of the property that is the subject of this report. •No one provided significant personal property appraisal assistance to the person signing the certification.
_______________________________________________
Liza Hickey, ASA
Roth Art Group
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032
Printed Sources:

American Society of Appraisers Personal Property Committee, Monographs 1-5, 6,7 and 13 (2017).

Appraisal Standards Board, Uniform Standards of Professional Appraisal Practice.

Washington, D.C.: The Appraisal Foundation, 2024.

Lucie-Smith, Edward, The Thames and Hudson Dictionary of Art Terms, London: Thames and Hudson, Ltd. 1984.

Soucy, Patricia C. and Smyth, Janella N., eds. The Appraisal of Personal Property, Principles, Theories, and Practice Methods for the Professional Appraiser, Washington, D.

C.: American Society of Appraisers, 1994.

Internet Sources:
1stDibs Year in Review Database
Public Art Network
Americans for the Arts
https://www.americansforthearts.org/
Galleries and Dealers Consulted:

Randolph Rose Collection
Yonkers, NY
Xanadu Gallery
Scottsdale, AZ
Artists Consulted:

David Alan Clark James Dinh
Artik Art & Architecture (Bill Gould) Dr. Debbie Koppman City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032
Cork Marcheschi Carla Moss
Joanie Popeo Dan Snyder
Vickie Jo Sowell Adrian Susnea Litman
Laurel True Patricia Vader and Joe Bologna
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032

APPRAISER'S CREDENTIALS
ANDREA Z. ROTH, PH.D.

EDUCATION
Ph.D., Art History, University of Southern California, 2002 M.A., Art History, University of Southern California, 1995 B.A., Honors, Political Science, University of California, Los Angeles, 1987 American Society of Appraisers (ASA), Accredited Senior Appraiser American Society of Appraisers, Accreditation Program
Introduction to Personal Property Valuation (PP/GJ201), 2004 Personal Property Valuation Methodology, Research and Analysis (PP/GJ202), 2005 Appraisal Methodology: Report Writing (PP/GJ203), Rhode Island School of Design, 2005
Insurance and the Legal Environment (PP/GJ204), U.C. Irvine, 2006 California Art and Design, U.C. Irvine, 2006
Uniform Standards of Professional Appraisal Practice (USPAP), 7-Hour Update, August 8, 2024

EMPLOYMENT
October 2003 – Present
Roth Art Group: Founder & CEO
Independent fine art appraiser specializing in American and European paintings and sculpture from 1800 to contemporary. Prepare appraisal reports for insurance coverage, estate planning and tax, charitable donations, division of property, damage/loss claims, bankruptcy and collateral valuations. Offer art consultation services for sale and purchase, art investment, authentication research, market condition analysis and collection cataloging. May serve as expert witness at trials involving fine art and sculpture disputes.

Certified by California State Board of Education to offer courses for continuing education. Course offered: The Fine Art Appraisal and the Art Market Offer seminars in IRS requirements for estate tax appraisals to estate planners and estate attorneys
Offer seminars in the current state of the art market and appraisal requirements to insurance brokers, estate planning, and family law professionals.

LECTURES & SEMINARS
AAML (American Academy of Matrimonial Lawyers)– Northern California Chapter, “What do we do with all this stuff? Valuations, Distribution and Selling Valuable Objects in Divorce.” January, 17, 2024.

Central Oregon Estate Planning Council, “Protecting the Castle and Treasures: Risk Management for Valuable Items in an Estate.” January, 31, 2024.

American Society of Appraisers, “Jewelry as Art, Art as Jewelry: Blurring the Boundary for the Appraiser,” Webinar, June 2022.

City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New

ROTH ART GROUP
Ref No. - 032032
San Francisco Trusts and Estate Planning Affinity Group, Provisors Trusted Advisors Group, “Digging for Treasure: How to Find and Protect Hidden Art Assets,” March 2021 American Society of Appraisers, “Protecting Your Art: What You Need to Know About Copyright, Restitution, Money Laundering and Other Art Related Transactions,” Webinar October, 2020
Bar Association of San Francisco, “The Art of Planning for Valuable Collections,” July 2020 American Society of Appraisers, “The Value of Fame-Appraising Hollywood and Rock ‘n’ Roll Memorabilia,” Webinar, June 2020
Santa Clara Estate Planning Council, “Case Studies in Complex Fair Market Value Appraisals,” February 2020.

RIMS, Risk Insurance Management Society, San Francisco Chapter, “The Essentials of Art Asset Protection,” January 2018.

Chubb Insurance, San Francisco, “The Fundamentals of Appraising Fine Art,” November 2014.

Diablo Valley Estate Planning Council, Walnut Creek, “Challenging Your Own Value Wizard,” June 2013.

City National Bank, Private Client Group, San Francisco, “Navigating the Current State of the Art Market,” May 2012.

EMPLOYMENT(CONTINUED)
September 1994 - August 1996
The Art Bulletin: Editorial Assistant
Monitored all daily operations of the Art Bulletin, the most prestigious journal in the discipline of art history. Reviewed and evaluated manuscript submissions, occasional editing of manuscripts, performed editorial-related research, extensive record keeping.

January 1992 - August 1993
J. Paul Getty Art History Information Program: Associate Editor Edited all entries for the Thesaurus of Geographic Names (TGN), the first automated source of hierarchically-arranged international geographic data. Participated in strategic planning.

Performed research, and wrote summaries for publishing.

July 1989 - December 1991
Bowles/Sorokko Galleries: Gallery Administrator
Supervised gallery administrative operations. Coordinated exhibitions and auctions.

Maintained gallery archives, performed provenance research, prepared educational material.

Wrote administrative procedures and training manuals. Gained overall familiarity with modern and contemporary art market trends.

TEACHING EXPERIENCE
Visiting Lecturer at the following institutions in the Department of Art History, teaching courses in European 16th and 17th century art:

University of California at Davis, Fall and Spring 2003 Mills College, Winter 2003
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New